How employment contract comes into existence?

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws How employment contract comes into existence?

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    • #2633
      Anonymous
      Guest

      If an employee joins a firm on the basis of an offer of employment and gives joining report, and signs attendance register everyday, will it be sufficient as a binding employment contract? Or it is necessary under contract law to have a formal appointment contract signed between employer and employee, or to have at least a formal appointment letter?

    • #2646

      As per the provisions of the Contract Act, a contract may be in writing, or it may be verbal, or it may in fact even be implied contract. No specific format is prescribed for a contract. A contract is basically a proposal and its acceptance.

      As far as Contract Act is concerned, there is no specific requirement of a formal employment contract being signed between the employer and employee, or of any formal appointment letter being issued.

      In the situation described in your question, if an employee joins a firm on the basis of an offer of employment and gives joining report, and signs attendance register everyday, it would be considered as an employment contract or agreement.

      At the same time, while it is not binding or mandatory, it may be desirable that such a contract should be in writing or in a formal form to avoid any future disputes.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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