Facing Labor Disputes Without Appointment Letters: Should I Start Issuing Them?

Hi, I have recently joined an organization where no appointment letter is issued to employees. There are many labor issues pending in court. Therefore, I have decided to give an appointment letter to every employee. Is this decision good? Should I give the appointment letter to the employees, and what else should I do to minimize labor disputes in my organization?

Thanks,
Dinesh

The decision you have taken is good, but make sure that the offer letter does not contain any elements that might go against the management. Also, consult your top management about this. There might be some reasons for which they were not issuing the offer letters to employees. If you think that issuing the offer letter will resolve the labor-management conflict, then you can go ahead. But before that, study the company's IR completely.

Regards,
Ranjana Diwakar

Not issuing an appointment letter is bad practice, so your move is correct. However, I do not think that this alone was the reason for multiple labor issues pending in court. In fact, without an appointment letter, their ability to fight a case is weaker.

Pending Labor Court Issues

The question I have is: what exactly are the issues pending in the labor court? What are the actual problems you are having? You will need to resolve all of them actually.

Issuing Backdated Appointment Letters

Another point is whether you can issue backdated appointment letters. Or should you issue a different letter, e.g., increment letters that confirm their employment and the date from which they are employed.

Regards

The Importance of Issuing Appointment Letters

The issuance of appointment letters is beneficial for both the employer and the employee. It transforms into an employment agreement outlining the conditions of service and duties, thereby reducing ambiguity concerning employment terms. An appointment may be implied or expressed, and through the issuance of an appointment letter, it is explicitly stated. This practice is widely recognized as beneficial.

Regards,
D. Gurumurthy

As Mr. Saswata Banerjee has rightly said, your move to issue an appointment letter is good. Apart from that, there may be other reasons/issues pending in the labor court. Kindly let the forum know to advise you appropriately. Please check whether PF/ESI/Staff Welfare/Gratuity/MB/MW norms are taken care of.

Regularizing Appointment Letters for Long-term Employees

How does one correctly regularize appointment letters for employees who have been in employment for years but have not received an appointment letter so far?

I would appreciate a correct procedure that complies with Labour Laws.

Thanks,

Sandy

Your thinking is correct, but issuing an appointment letter backdated is not a good practice. Instead, you can issue an offer letter indicating the terms and conditions as mutually agreed during the discussion or at the time of the interview. Mention that a regular appointment letter will be issued after the completion of 6 months. Before issuing the offer letter, ensure there is a gap of 1 or 2 days after receiving full and final clearance receipt from their past service. This approach will serve the purpose.

Regards,
N.K. SHARMA