I am working as an HR & Admin in a private limited company. Our company has not practiced issuing appointment letters until now. However, according to the labor laws, a "Letter of Appointment: Form XXVI" is to be issued to new joiners. Is it mandatory to use these forms as appointment letters, or can we use our own drafted letters? Kindly clarify my doubt.
From India, Jabalpur
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14From India, Jabalpur
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Importance of Providing Relevant Information
I hope you would agree with me that whenever we raise a question, it is very important to provide the relevant particulars so that the answer can be specific. Particularly when the questioner is a person like an HR & Admin professional, it is needless to mention that the question should contain detailed information connected with the subject matter to enhance the understanding of the respondents.
The private limited company you are working for may be anything - for example, a factory, a shop, a motor transport undertaking, or even a plantation establishment. However, it is not clear in your post what your establishment actually is. As far as I am aware, the only central labor law prescribing the issuance of appointment orders to employees is the Sales Promotion Employees (Conditions of Service) Act, 1976. Thus, it compelled me to make an educated guess that your establishment must be under some State Shops and Establishments Act. This, together with your address, triggered my memory of coming across such a provision in the Andhra Pradesh Shops and Establishments Act, 1988, which helped me locate the provision for the issuance of appointment orders to employees under copy to the area inspector, as per section 68(4) r.w rule 30 of 1990.
Advice on Appointment Orders
Regarding your question, I would request you to refer to rule 31 of the APS&E Rules, 1990, which addresses the admissibility of forms other than those prescribed in the Rules. If you are very particular about having a different format of appointment orders, it is better to apply to the area Deputy Commissioner of Labor for approval.
From India, Salem
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I hope you would agree with me that whenever we raise a question, it is very important to provide the relevant particulars so that the answer can be specific. Particularly when the questioner is a person like an HR & Admin professional, it is needless to mention that the question should contain detailed information connected with the subject matter to enhance the understanding of the respondents.
The private limited company you are working for may be anything - for example, a factory, a shop, a motor transport undertaking, or even a plantation establishment. However, it is not clear in your post what your establishment actually is. As far as I am aware, the only central labor law prescribing the issuance of appointment orders to employees is the Sales Promotion Employees (Conditions of Service) Act, 1976. Thus, it compelled me to make an educated guess that your establishment must be under some State Shops and Establishments Act. This, together with your address, triggered my memory of coming across such a provision in the Andhra Pradesh Shops and Establishments Act, 1988, which helped me locate the provision for the issuance of appointment orders to employees under copy to the area inspector, as per section 68(4) r.w rule 30 of 1990.
Advice on Appointment Orders
Regarding your question, I would request you to refer to rule 31 of the APS&E Rules, 1990, which addresses the admissibility of forms other than those prescribed in the Rules. If you are very particular about having a different format of appointment orders, it is better to apply to the area Deputy Commissioner of Labor for approval.
From India, Salem
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I am working as a Senior Executive in HR Operations at a private limited company. We need to submit audit documents to one of our clients. I need to submit Form Q (appointment letter), but I am not aware of the format. Kindly help me with the format of Form Q.
Thanks in advance.
Bharat Kate.
From India, Bengaluru
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Thanks in advance.
Bharat Kate.
From India, Bengaluru
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Appointment Letter.docx