HR

Appointment letter template for India: every clause explained

The labour codes made the appointment letter mandatory. Most small-business letters are a salary number and a start date. Here are the twelve clauses that make the letter do its job in the two moments it matters: a dispute and an exit.

An appointment letter with its clauses numbered and the salary annexure attached

Under the labour codes in force since 21 November 2025, every employer must issue a written appointment letter to every employee, in the form the rules prescribe. Beyond compliance, the letter is the contract that every later question runs back to: what the notice period is and how shortfall is recovered, whether the salary quoted is CTC or gross, what probation means, whether outside work is allowed, which policies bind. The template below has twelve clauses. Each is followed by why it is there and the mistake that makes it useless. Adapt the numbers, attach the salary annexure, issue it before day one, and keep the signed copy where you can find it in three years. Facts checked 14 October 2026; the central and state rules prescribe a format with minimum particulars — make sure your letter contains at least those.

Key takeaways
  • Mandatory now. Issue to every employee, including existing staff who never had one, and keep the signed copy.
  • Salary annexure with the 50% structure: basic (plus DA) at least half of total remuneration; state whether the headline figure is gross or CTC; list each component. See CTC vs in-hand.
  • Notice clause must be symmetrical and specific: period, basis (gross, calendar days), that shortfall is recoverable from dues, and that the employer may release with pay in lieu on the same basis.
  • Probation needs a length, what confirmation means, and what the notice period is during it — otherwise the probationer has the same notice as everyone.
  • Incorporate policies by reference (attendance, leave, WFH, outside work, assets, data) and keep them where employees can read them; a clause that references a policy nobody can find is not a clause.

The twelve clauses

  1. Parties and position. Company name and address; employee name and address; designation; department; reporting manager; place of work (and that it may change with notice). Mistake: a designation that is "manager" to avoid overtime when the work is not managerial — the test is the work.
  2. Date of joining and nature of employment. Permanent, fixed-term (with end date), or part-time. Mistake: leaving fixed-term engagements as "consultants" — see classification.
  3. Probation. Length (commonly 3–6 months), that it may be extended once in writing, that confirmation is by written letter, and the notice period during probation. Mistake: no confirmation letter ever issued, so nobody knows who is on probation.
  4. Remuneration. Reference to the annexure; whether figures are gross or CTC; pay date (by the 7th under the codes); that statutory deductions apply; that revisions are at the company's discretion. Mistake: basic below 50% — the wages rule re-characterises the excess anyway.
  5. Hours and attendance. Working days, hours, weekly off, and that the attendance policy applies, including check-in method, grace, late marks and half-days. Mistake: rules that exist only in a WhatsApp message.
  6. Leave and holidays. Entitlements by type, accrual, carry-forward, encashment, and reference to the leave policy and the holiday calendar. Mistake: a leave count with no rule on what happens at year-end.
  7. Notice and termination. Notice period after confirmation; during probation; that either party may terminate by notice or pay in lieu computed on [gross] for [calendar] days; that the employee's shortfall is recoverable from dues; grounds for termination without notice (misconduct, as defined in policy). Mistake: asymmetry — see notice recovery.
  8. Duties and conduct. Full time and attention during working hours; compliance with policies; the outside work rule. Mistake: a blanket ban on any outside activity.
  9. Confidentiality and intellectual property. Confidentiality during and after employment; IP created in the course of employment belongs to the company; return of materials on exit. Mistake: a post-employment non-compete — generally unenforceable in India and it taints the clause around it.
  10. Company property and data. Assets issued are the company's, used for work, returned on exit; the employee's personal data is processed for employment purposes under the company's privacy notice. Mistake: no asset record — see asset management and DPDP.
  11. Background and documents. Employment is subject to verification of the documents provided; false information is grounds for termination. Mistake: verification never actually done.
  12. General. Entire agreement; amendments in writing; governing law and jurisdiction; acceptance by signature within a stated period.

The salary annexure

ComponentMonthlyAnnual
Basic (≥ 50% of total remuneration)₹₹
House rent allowance₹₹
Other allowance₹₹
Gross₹₹
Employer PF (if applicable)₹₹
CTC₹₹
Deductions: employee PF, professional tax, TDS as applicableNet pay = gross − deductions

State plainly which figure the offer quoted. The single most common first-month dispute is an employee who was told "₹40,000" and received ₹34,000 net; the annexure prevents it. See what the payslip will then show.

Existing employees who never had a letter

Issue one now, dated now, stating the original date of joining and that it records the existing terms. Do not use the exercise to change terms adversely without agreement — that is a variation, not a record. For employees whose structures need the 50% correction, issue the revised annexure with an effective date and the arrears treatment if any.

Issuing, signing and keeping it

Issue before the joining date, get it signed (an e-signature or a signed scan is fine), store it against the employee record, and give the employee a copy they can access later. Attach or link the policies it references, and keep the policy versions — the letter binds the version in force at the time unless amendments are communicated. The onboarding checklist has the letter as the first item before day one.

Quick reference

StatusMandatory for every employee under the labour codes (in force 21 November 2025)
ClausesTwelve: parties, nature and date, probation, remuneration, hours, leave, notice, conduct, confidentiality and IP, property and data, verification, general
Salary structureBasic (plus DA) at least 50% of total remuneration; gross and CTC both stated
NoticeSymmetrical: period, basis, recovery of shortfall, pay in lieu on the same basis
ProbationLength, extension once in writing, confirmation by letter, notice during probation
Not to includePost-employment non-compete (generally unenforceable); blanket outside-work ban
Existing staffIssue a letter recording existing terms; changes require agreement

Frequently asked questions

Is an appointment letter mandatory in India?

Yes. The labour codes in force since 21 November 2025 require every employer to issue a written appointment letter to every employee, in the form prescribed by the rules, containing at least the specified particulars. Existing employees without a letter should be issued one recording their current terms.

What is the difference between an offer letter and an appointment letter?

An offer letter proposes employment and its headline terms, and lapses if not accepted. The appointment letter is the contract issued on or before joining, with the full terms — probation, hours, leave, notice, conduct, confidentiality — and the salary annexure. Many small businesses issue only the first; the second is the one that is mandatory and that governs disputes.

What should the salary annexure show?

Each component monthly and annually — basic (at least 50% of total remuneration under the labour codes), HRA, other allowances — the gross, employer contributions, the CTC, and a note of the deductions that will apply. State clearly whether the figure in the offer was gross or CTC.

How should the notice period clause be worded?

State the notice period after confirmation and during probation, that either party may terminate by notice or pay in lieu, the basis for computing pay in lieu (for example gross salary on calendar days), and that any shortfall in notice served by the employee is recoverable from final dues. Use the same basis in both directions.

Can I include a non-compete clause in the appointment letter?

A restriction during employment is enforceable. A post-employment non-compete is generally unenforceable in India as a restraint of trade, and including one weakens the credibility of the letter. Confidentiality and non-solicitation obligations are the enforceable tools after exit.

Do existing employees need a new appointment letter under the labour codes?

If they never received one, yes — issue a letter that records their existing terms and original joining date. If their salary structure needs correcting for the 50% wages rule, issue a revised annexure with an effective date. Changes to terms require the employee's agreement; the letter records terms, it does not impose new ones.

How Merik handles it

Merik holds what the letter refers to: the employee's designation, department, reporting line, joining date, and a salary structure with basic set at half of gross by default, with CTC history as revisions happen. The attendance rules the letter references — check-in method, grace, late marks, half-days — are configured once and applied to every punch, and leave types, balances and the holiday calendar live in the leave module, so the policies the letter incorporates are the ones actually running.

Merik does not generate appointment letters. The template above is yours to adapt; the record behind it is what Merik keeps. New joiners can be added one at a time or by pasting the roster from Excel, and their login is emailed from the same screen. See the employees module.

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