Temporary Employment Agreement

Disclaimer:

This is only a simplified sample explanation meant to give a general idea. Users should cross-check specific statutory requirements on Government of India portals.

Why this Document exits

A temporary/contract appointment letter defines:

• Job role
• Duration
• Fixed pay
• Statutory benefits
• Conditions for termination

Government portals such as labour.gov.in explain that written terms reduce disputes about wages, tenure, and duties. It acts as legal proof of employment for a specific period.

When it should be made

Use this letter when hiring someone for:

• a fixed project
• seasonal work
• maternity/vacancy replacement
• short-term staffing
• government-mandated contract posts

The letter clearly prevents claims for permanent employment later—very useful for employers.

Does it require stamp paper?

• No. An appointment letter does not require stamp paper.
• Normal printed letter on company letterhead with signatures is enough.

(There is no requirement under any rule on labour.gov.in mandating stamp duty for employment letters.)

Is it legally valid without an advocate?

Yes.

Anyone can draft and issue an appointment letter directly.

Advocate stamp, notary, or attestation is not required for court validity.

Courts recognise:

• employer's signature
• employee's acceptance
• clarity of terms

Simple rule: Clear writing + signed acceptance = valid contract.

What a person must DO if making it without an advocate

• Use official company letterhead.
• Clearly state the contract period (start–end).
• Mention the exact salary amount.
• Mention statutory benefits (EPF/ESI).
• Keep a signed copy from the employee.
• Maintain a digital backup (PDF scan).
• Follow applicable labour rules from labour.gov.in.

What a person must NOT DO

• Do NOT leave blank spaces.
• Do NOT issue verbal or WhatsApp-only offers.
• Do NOT mention "permanent", "regular", "confirmation", or "probation" in a temporary letter.
• Do NOT take signatures on undated documents.
• Do NOT add unlawful conditions (penalties, fines, withholding salary illegally).
• Do NOT violate minimum wage rules (check labour.gov.in minimum wage notifications).

Will this be valid in court?

Yes. Courts routinely accept properly signed appointment letters as proof of contract employment.

Even a simple letter becomes binding if:

• both parties sign it
• terms are clear
• salary and duration are fixed
• no illegal clauses exist

Courts look at intention and signature, not fancy formatting.

Other important precautions

• Keep the employee's KYC copies (Aadhaar/PAN) as proof of identity.
• Ensure EPF/ESI registration is done (verified on epfindia.gov.in and esic.gov.in).
• Mention the discipline rule clause.
• Give salary by bank transfer for traceability.
• Record working hours and attendance properly.

10 QUICK FAQS

1. Is this letter enough to prove employment?

Yes. A signed appointment letter and salary slips = strong proof.

2. Should the end date be compulsory in temporary appointments?

Yes. Without a clear end date, the employee may later claim regularisation.

3. Can the employer terminate mid-contract?

Yes, if the letter allows termination without reason during the contract period.

4. Is EPF/ESI mandatory for temporary staff?

Yes, if pay exceeds or falls below statutory thresholds (see epfindia.gov.in & esic.gov.in).

5. Can temporary staff get annual leave or paid holidays?

They get benefits only as per legal minimum rules, not equal to permanent employees.

6. Can salary be changed later?

Only through a written amendment or fresh letter.

7. Should the employee keep a copy?

Absolutely. A signed duplicate is compulsory for future disputes.

8. Is notary or stamp paper necessary?

No. Appointment letters do not require notarisation or stamping.

9. Can the employer transfer a temporary employee?

Yes, if transfer clause is included (like in this letter).

10. Can the employee sue if the employer ends the contract early?

Only if termination violates the written terms or statutory protections.