Rameshday
Respected Sir and Madam
In my organization, workers were given a monthly appointment letter, and for another six months, they put them on a voucher basis, but now the management is reluctant to give 6 six-month appointment letter and is saying that they will only give you a voucher salary without giving any kind of letter.Is it acceptable to take such a decision or is there some law for the appointment letter, we have been doing this for the last 4 to 5 years
please give us direction.
How can an administration hire a worker without giving an appointment letter?

From India, Mumbai
vmlakshminarayanan
929

Hi,

To evade statutory obligations your employer want to keep all the employees on NMR rolls. How big is your organisation ? You cannot keep the whole strength on NMR rolls. Even employees serving long years without appointment letter have the right to claim for benefits. So issue of appointment letter with defined terms and conditions will be beneficial for the Employer and Employee.

In the absence of any appointment terms either party can end the employment without any notice. You cannot question a employee if he/she abruptly left leave you after getting the voucher payment.

From India, Madras
Madhu.T.K
4208

Appointment letter or Offer letter duly accepted by the employee is a basic document which regulates the service conditions attached to the employment. It is a contract between the employer and the employee. Since no employer can engage any person without a contract, employing persons without any proof of employment or contract of employment is bad in law. The Shops and Commercial Establishments Acts of some states, like Kerala, have mandated that every employee should be given appointment letter in prescribed form with particulars of wages etc in it.

Many employers consider that giving appointment orders would make them covered by various labour laws or the employees would get a lien on employment. Yes, even if you don't issue appointment orders, the lien on employment is there with the employees. Similarly, non issue of appointment order will not make the employer free from coverage of labour laws. For coverage of labour laws what is material is whether a person is engaged as a worker or not. At the same time, in the absence of an appointment order it will be difficult for the employer to defend an employee who demands a wage which is higher than what was promised to be given. In various industrial disputes it will be the appointment orders that will prove against the employee. Therefore, never think that not giving appointment orders is good for the employer.

From India, Kannur
PRABHAT RANJAN MOHANTY
583

The procedure adopts by your employer is nothing but illegal and unfair practice. They are exploring the unemployment conditions of the country and the helplessness economic conditions. All the employees have to take a call against this system. All these are happening because of pseudo political and poor governance.
From India, Mumbai
Rameshday
thank you all of you for your suggention
From India, Mumbai
loginmiraclelogistics
1066

This kind of 'unfair' labour practices are prevalent not only in MSME but also in major corporates where for years together 'contract' employees are engaged using registered 'contractors' even for work on regular basis such as 'house keeping', security, loading & unloading, canteen and so on as 'off-loading or out sourcing'. This is resorted to by Principal Employers in order to avoid carrying considerable work force on their 'Muster/Pay roll' thereby employees costs kept to a minimum levels. Under this pattern there is no possibility evolving as ' continuous employment' of the very same person as no one gets employed continuously through out the month. And there won't be any assurance to such persons of any 'continuity'. For e.g. person 'A' get to work only say, 20 days in month. Which otherwards he is not employed permanently. Another form such practices spreading fast is 'gig workers' under which there exists no 'employer-employee' relationships. They are paid for the work assigned/carried out against job-to-job invoices.
Reg.present query, issuing appointment order on daily basis is very strange and should be dispensed with immediately.

From India, Bangalore
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