Query abt not appointment letter
Shailza Singh
(Querist) 23 March 2013
This query is : Resolved
Sir
if any company (BPO,LPO, Real Estate having more than 50 employee not issuing appointment letter not even salry proof what should be legal procedure
does the appointment letter comes under any act or section of labor law/company law
Adv k . mahesh
(Expert) 23 March 2013
discuss with them without that what position you are holding and in future if company suspends or terminates you then you do not have any proof to fight for the salary
Sankaranarayanan
(Expert) 23 March 2013
As simple as the legal is follow the rules. If any one appont then the compnay should issue appontment order. It may be in the form of mail or n paper of letter pad. The register for salary should be. Maintained
Kumar Doab
(Expert) 23 March 2013
---Standing Orders of the company may have provisions like:
3. APPOINTMENTS
“A Workman shall at the time of his appointment complete and sign his appointment letter and/ or service agreement with the Company, such a workman shall besides the provisions as laid down in these Standing Orders, be bound the provisions of his specific service agreement as well:“
5. ATTENDANCE CARD AND MUSTER ROLLS: -
“(ii) Every workman shall be given an attendance card/token/ticket sign their presence daily in the Staff Attendance Register.“
15. CESSATION OF EMPLOYMENT: -
(viii) CONFIRMATION: - The employer shall accordance with the terms and conditions stipulated in the letter of appointment confirm the eligible workman and issue a letter of confirmation to Him whenever a workman is confirmed, an entry with regard to the confirmation shall also be made in his service card within a period of thirty days from the date of such confirmation.
1
---[SCHEDULE I-B
MODEL STANDING ORDERS ON ADDITIONAL ITEMS APPLICABLE TO ALL
INDUSTRIES
(1) Service record
(2) Confirmation
The employer shall in accordance with the terms and conditions stipulated
in the letter of appointment,
---The companies mentioned by you are covered under Shops and Commercial Establishments Act of the State.
e.g SE Act Delhi:
34. EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.
COMMENTS
The object of the enactment is to furnish an accurate proof of employment to an employed person and for this object in view, the Legislature provided that the letter of appointment given bythe employer to the person employed should contain the following particulars:
Failure to issue appointment letters under section 34 of the Act to the employee
amounts to ‘unfair labour practice’ resorted to deprive them of the benefits which accrue to them due to the length of their service;
---SE Act AP even lay down condition that:
47. Conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of suspension :-
(1)………… Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.
---Proof of Payment of salary/Pay slip/Salary Slip:
THE PAYMENT OF WAGES ACT, 1936
Makes it mandatory and also to keep record for 3 years.
13A.
Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from
their wages, the receipts given by them and such other particulars and in such form as may be prescribed. (2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a
period of three years after the date of the last entry made therein.]
Devajyoti Barman
(Expert) 23 March 2013
The Provision cited above applies to workmen only, not for white collar employees.
There is no legal rule to issue appointment letter though one should insist for that.
Kumar Doab
(Expert) 23 March 2013
Sir,
--- Isn’t it that as per def. of employee in SE Act it should cover all employees including workman..
SE Act Delhi:
2. Definitions.
(7) “employee” means a person wholly or principally employed, whether directly or otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration, about the business of an
establishment and includes an apprentice and any person employed in a factory but not governed by the Factories Act, 1948 (43 of 1948), and for the purpose of any matter regulated by this Act, also includes a person discharged or dismissed whose claims have not been settled in accordance with this Act;
-- Isn’t it that as per def. of employee in Payment of Wages Act it should cover all employees including workman, drawing wages as per def. of wages in the Act up to Rs.18000/pm…
THE PAYMENT OF WAGES ACT, 1936:
2. Definitions.
3*[(i) "employed person" includes the legal representative of a deceased employed person;
3*[(vi) "wages" means…….
Kindly give your valuable advise.
Raj Kumar Makkad
(Expert) 24 March 2013
What is this SE Act Delhi and how it covers whole India?
Shailza Singh
(Querist) 28 March 2013
Thanx to all expert
but perhaps S.E act Delhi is only
applicable in Delhi
I have gone through with UP shop and establishment act but there is no particular provision for appt. letter though the salary and wages has defined.
Pradeep
(Expert) 25 January 2017
It depends on state laws. if you are working in Karnataka, there is a law that says you need to provide an appointment order to the employees.
refer Section 6A of shops and commercial establishments act (karnataka)
