Dear Gaggan,
As u rightly said that facts and circumstances of each case is different and Courts consider the facts and circumsatances before deciding the issue.
I have noted one full bench judgement in the case u made reference of, and the ratio of the same is:
"Merely because a temporary employee or a casual wage worker was continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent — Due to long service, an ad hoc employee did not acquire any right to permanent appointment"
one more thing i would like to point out that the judgements we both referring is having "public employment" in issue.
if possible try to find out the judgement where employment in private entity is in issue. i m also trying to find the same.
with regards and thanks
From India, Vadodara
21As u rightly said that facts and circumstances of each case is different and Courts consider the facts and circumsatances before deciding the issue.
I have noted one full bench judgement in the case u made reference of, and the ratio of the same is:
"Merely because a temporary employee or a casual wage worker was continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent — Due to long service, an ad hoc employee did not acquire any right to permanent appointment"
one more thing i would like to point out that the judgements we both referring is having "public employment" in issue.
if possible try to find out the judgement where employment in private entity is in issue. i m also trying to find the same.
with regards and thanks
From India, Vadodara
:-P
Dear Friends ,
Thanks for valluable information, I would like to add one more thing here in maharashtra an ACT named MRTU & PULP Act which deals with various UNFAIR LABOUR PRACTISES on the part of EMPLOYER, TRADE UION & EMPLOYEE. as per this Act , we cant employ temporary person for a vacancy of permanant nature. either worker or staff.
D V Gosavi
Nasik, Maharashtra.
From India, Pune
Dear Friends ,
Thanks for valluable information, I would like to add one more thing here in maharashtra an ACT named MRTU & PULP Act which deals with various UNFAIR LABOUR PRACTISES on the part of EMPLOYER, TRADE UION & EMPLOYEE. as per this Act , we cant employ temporary person for a vacancy of permanant nature. either worker or staff.
D V Gosavi
Nasik, Maharashtra.
From India, Pune
Team,
Employees taken under the Fixed Term contract cannot claim permanency, since he has accepted the employment, knowing his contract will expire on a fixed date, in this case has no right to claim permanancy.
Again 180/240 days is not applicable for permanency on this case. There is a judgement given by Karnataka HC, sometime during 2006.
Rgds,
Suresh Ramalingam
From India, Mumbai
Employees taken under the Fixed Term contract cannot claim permanency, since he has accepted the employment, knowing his contract will expire on a fixed date, in this case has no right to claim permanancy.
Again 180/240 days is not applicable for permanency on this case. There is a judgement given by Karnataka HC, sometime during 2006.
Rgds,
Suresh Ramalingam
From India, Mumbai
Dear Friends,
There is a recent (1 to 2 years back) amendedment in the Standing Orders Act approving fixed term contract a legal way of employment. Request you to go thru the amendedments of Standing Orders Act. It approves the fixed term contract with following terms:
1. It is restricted to a project / short tennure job
2. Salary and other benefit should not be lower than the one given to regular employees.
3. The respective provision need to be incorporated in the Standing Orders
Dhaval Shah
From India, Gandhinagar
There is a recent (1 to 2 years back) amendedment in the Standing Orders Act approving fixed term contract a legal way of employment. Request you to go thru the amendedments of Standing Orders Act. It approves the fixed term contract with following terms:
1. It is restricted to a project / short tennure job
2. Salary and other benefit should not be lower than the one given to regular employees.
3. The respective provision need to be incorporated in the Standing Orders
Dhaval Shah
From India, Gandhinagar
Hi
Yes you can appoint on fixed term for a year. Such contracts are legal
and expire with the flux of time. Please refer to ID ACT 1947, Section 2
(oo ) (bb). Check up your state act for this / analogous provision. Please
note that it does'nt apply in Uttar Pradesh as UP Industrial Disputes Act
has no such analogous provision.
Thanks
Mohan.
From India
Yes you can appoint on fixed term for a year. Such contracts are legal
and expire with the flux of time. Please refer to ID ACT 1947, Section 2
(oo ) (bb). Check up your state act for this / analogous provision. Please
note that it does'nt apply in Uttar Pradesh as UP Industrial Disputes Act
has no such analogous provision.
Thanks
Mohan.
From India
Hi,
We have similar system at our company, but in this case you need to clealy state that the employee is appointed purely on basis of contractual terms and the said contract will expired on completion of the mentioned term period.
Else you can take an employee as consultant / Freelance for special services where you need to ask employee to prepare bill of his works for the month and sign and on that basis you can make payment. this is the most safest way.
But as HR with ethics and principle I donot agree to such systems, which I already mentioned to my management (no matter they didnt agree). This are the systems of making fools of employees or taking the advantage of there need. The second way suggested above is accepted when the person is retired and needs to save at tax end and I support there.
Regards
Meghal
From India, Mumbai
We have similar system at our company, but in this case you need to clealy state that the employee is appointed purely on basis of contractual terms and the said contract will expired on completion of the mentioned term period.
Else you can take an employee as consultant / Freelance for special services where you need to ask employee to prepare bill of his works for the month and sign and on that basis you can make payment. this is the most safest way.
But as HR with ethics and principle I donot agree to such systems, which I already mentioned to my management (no matter they didnt agree). This are the systems of making fools of employees or taking the advantage of there need. The second way suggested above is accepted when the person is retired and needs to save at tax end and I support there.
Regards
Meghal
From India, Mumbai
Dear Meghal and all Can we appoint an employee on a fix term contract without giving him any statutory benefit (PF etc)? Surendra
From India, New Delhi
From India, New Delhi
Hi,
The model Standing orders, makes a provision in the "Rules" to provide for 'fixed term employees'. This provision can be included in the certified standing orders of the company, by following the procedure of consultation/agreement with the Unions.
As per the above provision, a person appointed on fixed term basis should be paid the wages/salary which is being paid to the permanent employee (minimum of the scale). On the expiry of the contract, the employee will be entitiled to pro-rata gratuity, even if he has not completed five years of eligibility period.
In the normal course also a person can be appointed on contractual terms for a specific period. The period of employment comes to an end on the expiry of the term.
Cyril
From India, Nagpur
The model Standing orders, makes a provision in the "Rules" to provide for 'fixed term employees'. This provision can be included in the certified standing orders of the company, by following the procedure of consultation/agreement with the Unions.
As per the above provision, a person appointed on fixed term basis should be paid the wages/salary which is being paid to the permanent employee (minimum of the scale). On the expiry of the contract, the employee will be entitiled to pro-rata gratuity, even if he has not completed five years of eligibility period.
In the normal course also a person can be appointed on contractual terms for a specific period. The period of employment comes to an end on the expiry of the term.
Cyril
From India, Nagpur
AS AN EMPLOYER YOU HAVE GOT EVERY RIGHT TO APPOINT A PERSON FOR FIXED PERIOD. BUT YOU MUST HAVE JUSTIFIABLE REASONS TO APPOINT HIM FOR THAT PERIOD.IT SQUARELY FALLS UNDER SECTION 2 OO bb OF THE INDUSTRIAL DISPUTES ACT-NON RENEWAL OF CONTRACT.
From India, Vellore
From India, Vellore
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Fixed term employment extended.jpg
Fixed term employment.pdf
Fixed Term Contract Employees to get Gratuity.docx