Mandatory issuance of Appointment Letter to every Employee under the OSH Code, 2020
A Practical Legal Guide under the Occupational Safety, Health and Working Conditions Code, 2020 and Central Rules, 2026
India’s new labour law regime has introduced an important and fundamental HR compliance requirement: every employee must be issued an appointment letter. This is no longer merely a matter of good HR practice or corporate documentation. It is a statutory employer obligation under the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”). The Central Government brought the OSH Code into force with effect from 21 November 2025.
The corresponding Occupational Safety, Health and Working Conditions (Central) Rules, 2026 were notified on 8 May 2026 through G.S.R. 345(E) and came into force on publication in the Official Gazette. For employers, therefore, the appointment letter should now be treated as an essential statutory HR compliance document, rather than simply an HR offer/appointment communication.
1. The Statutory Foundation
The primary provision is Section 6(1)(f) of the Occupational Safety, Health and Working Conditions Code, 2020.
It places a specific duty upon the employer to issue a letter of appointment to every employee on his appointment in the establishment, containing such information and in such form as may be prescribed. The Code also provided a transitional requirement for employees who were already employed but had not been issued the prescribed appointment letter: such employees were to be issued the appointment letter within the prescribed period.
The Central Rules now give practical effect to this statutory requirement.
Rule 6 of the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 provides that: No employee shall be employed in an establishment unless an appointment letter has been issued to that employee in the prescribed format. The prescribed format contains 16 particulars and requires the employer’s signature/digital signature.
This is a significant compliance shift.
2. Is an Appointment Letter Required for Every Employee? – Yes.
The Central Rule uses the expression:
“No employee shall be employed in any establishment unless an appointment letter has been issued…”
Accordingly, employers should not treat appointment letters as applicable only to:
- permanent employees;
- managerial employees;
- senior employees;
- employees covered by standing orders; or
- employees receiving a particular salary.
The statutory requirement is framed around the employee’s employment in the establishment. The prescribed format itself recognises different employment categories, including:
- Regular;
- Fixed-Term Employment; and
- Contractual.
HR departments should therefore have an appointment-letter process covering the entire employee population falling within the establishment’s statutory framework.
3. The “9 Mandatory Compliance Heads”
Although the Central Rules prescribe 16 individual particulars, these can practically be organised into the following 9 compliance heads for HR implementation.
| No. | Compliance Head | Particulars to be Captured |
| 1 | Employee Identification | Name, DOB, Father’s/Mother’s name |
| 2 | Identity & Statutory Identification | Aadhaar, LIN, UAN/Insurance No. |
| 3 | Employment Identification | Designation, employment type, skill category |
| 4 | Commencement of Employment | Date of joining |
| 5 | Wage & Remuneration | Wages/Basic Pay/DA and other applicable allowances |
| 6 | Social Security Coverage | EPFO/ESIC applicability |
| 7 | Job Role | Broad nature of duties |
| 8 | Statutory Benefits | Maternity Benefit provisions, where applicable |
| 9 | Other Employment Information & Authentication | Other information + employer signature/digital signature |
Important: These are nine compliance heads, not nine statutory fields. The Central Rules actually prescribe in 16 separate particulars.
4. Mandatory Particular — Broad Nature of Duties
The appointment letter must specify Broad Nature of Duties to be Performed. This does not necessarily mean that the entire job description must be reproduced in the appointment letter. However, the employer should provide a meaningful description of the broad nature of the employee’s work.
A detailed Job Description may be maintained separately and incorporated by reference.
5. Mandatory Particulars — Other Information & Authentication
The final prescribed particulars are:
(xvi) Any Other Information
Depending upon the establishment, employers may consider incorporating appropriate references to:
- probation confidentiality
- place of posting intellectual property
- working hours applicable policies
- weekly rest disciplinary rules
- transfer notice requirements; and
- leave applicable standing orders
However, these additional contractual provisions should be carefully drafted and should not contradict statutory rights or applicable standing orders.
6. What About Existing Employees?
The Central Rules contain a transitional provision for employees who were already employed but had not been issued an appointment letter containing the required particulars. Such employees are required to be provided the compliant appointment letter within the prescribed transitional period following commencement of the Rules.
This means employers should not restrict the exercise to new recruits.
7. Management Takeaway
The appointment letter under the new OSH framework should no longer be viewed as a routine HR formality. It has fundamentally become a foundational employment-compliance document connecting Employee Identity → Employment Classification → Wage Structure → Social Security → Job Role → Statutory Benefits → Employment Documentation.
The Central Government’s own Compliance Handbook for Employers expressly identifies issuance of appointment letters to all employees as an employer compliance requirement.
