Appointment Letter
Keshav Kumar Saxena
(Querist) 09 December 2008
This query is : Resolved
Dear Sir,
I have been working in a Limited company governed with company act for more than one and half year period. Company has not providing me an appointment letter till yet. Although company acknowledge my appointment by providing me salary account in bank, issuing me salary certificate etc. I have been treating in the same way as the other permanent employees are being treated. Please tell me what should I do to get the appointment letter ?
Manish Singh
(Expert) 09 December 2008
you were sleeping for so long... anyways it doesnt make any difference whther you have the appointment letter or not since you are getting salary and all that but was there any agreement between you and the company.
it would be better for you to force them to get into a written agreement instead of appointment letter.
H. S. Thukral
(Expert) 09 December 2008
Have other employees of your cadre been provided an appointment letter?, if yes then get a copy of the same and keep it in record.
Every state has a Shop and Establishment Act and invariably there is a provision of an appointment letter in it. If you think your action shall not annoy the employer to become vindictive against you, you can make a complaint to an Inspector?Labour Officer appointed under the Act, in this regard. If the magmt is giving you all the facilites of a permanent employee you need not agitate at this time. An appointment letter contains terms of employment and it is equally important for the employer to have such terms clearly defined.
Personall I advise you to approach the employer with a request in this regard in writing.
Manish Singh
(Expert) 09 December 2008
Dear Sir,
I agree that there is a provision of appointment letter in the shops and establ. act but fistly we will have to look into the fact whteher the company is registereed as a Factory or not. if its a registered as a factory then the shops act would not be applicable.
H. S. Thukral
(Expert) 09 December 2008
Dear Manish,
An organisation can both be a factory and a shop/establishment. To quote it if there is a service workshop of a electronics goods seller and there are more than 10 employees are employed. In this workshop there is store where spare parts are kept. There is a reception area where goods are recd. for repair then it shall be both a factory and an establishment and both acts can be simultaneous applicable and employer shall be required to register under both acts.
B.B.R.Goud.
(Expert) 10 March 2009
once you are getting the salary through bank, you need not to have a separate appointment letter, as long as you are getting all the benefits along with other regular co-staff.
but still you want to get it, you can approach the information commission under right to information act.and then you initiate official proceedings amicably.
