sOME ONE CAN PLEASE HELP.....:confused:
ON COMPLETION OF 240 DAYS OF CONTINIOUS EMPLOYMENT UNDER TEMPORARY EMPLOYMENT, A PERSON CAN CLAIM PERMANENT EMPLOYMENT. IN THE CASE OF ANY CONTRACT CAN A PERSON CLAIM ANY RIGHT OF PERMANENT EMPLOYMENT IF THE CONTRACUAL PERIOD IS 240 DAYS OR MORE ?
IF YES WHAT IS THE ALTERNATE ?
iF NO WHAT SHOULD THE CLAUSE OF THE CONTRACT REFRAINING THE CLAIM AS SAID ABOVE ?
From India, Pune
6ON COMPLETION OF 240 DAYS OF CONTINIOUS EMPLOYMENT UNDER TEMPORARY EMPLOYMENT, A PERSON CAN CLAIM PERMANENT EMPLOYMENT. IN THE CASE OF ANY CONTRACT CAN A PERSON CLAIM ANY RIGHT OF PERMANENT EMPLOYMENT IF THE CONTRACUAL PERIOD IS 240 DAYS OR MORE ?
IF YES WHAT IS THE ALTERNATE ?
iF NO WHAT SHOULD THE CLAUSE OF THE CONTRACT REFRAINING THE CLAIM AS SAID ABOVE ?
From India, Pune
Dear Friend
Here is the extracts of one Bombay High Court Judgment
"As per Section 25F and 25N of the Industrial Disputes Act of 1947 merely because an employee has rendered 240 days continuous service that by itself does not give rise to a claim for permanence. "
i hope u got ur answer
Regards
From India, Vadodara
Here is the extracts of one Bombay High Court Judgment
"As per Section 25F and 25N of the Industrial Disputes Act of 1947 merely because an employee has rendered 240 days continuous service that by itself does not give rise to a claim for permanence. "
i hope u got ur answer
Regards
From India, Vadodara
:icon10:
Hi,
If any contracor Labour can completed 240 days of work i.e. continuous period of one year his services are reqularised under the statutory provisions.
The alternative procedure is to break the service of such labour for every 3 months. In such case the question doesnot arise for continuity of service.
Hope you will understand the procedure.
Regards,
P.V.Rama Rao
From India, Hyderabad
Hi,
If any contracor Labour can completed 240 days of work i.e. continuous period of one year his services are reqularised under the statutory provisions.
The alternative procedure is to break the service of such labour for every 3 months. In such case the question doesnot arise for continuity of service.
Hope you will understand the procedure.
Regards,
P.V.Rama Rao
From India, Hyderabad
Thank you very much for the valuable judgment.
What I understood from the judgment that the person cannot claim permanant employment merely because he/she has completed 240 days
of continuous service.
Is it safe to have a 11 months contract with employees ?
( contract between employer and employee)
Is there any compulsion to have percentage/no. of employees on regular employment in an org. ? or all can be on contract ?
On completion of contract in any org. registered under shops and est. (refered to Goa)is employer liable to pay gratuity for having worked for more than six months as his services gets terminated automatically on completion of contract.
Awaiting your reply
With best regards
pundalikhr
From India, Pune
What I understood from the judgment that the person cannot claim permanant employment merely because he/she has completed 240 days
of continuous service.
Is it safe to have a 11 months contract with employees ?
( contract between employer and employee)
Is there any compulsion to have percentage/no. of employees on regular employment in an org. ? or all can be on contract ?
On completion of contract in any org. registered under shops and est. (refered to Goa)is employer liable to pay gratuity for having worked for more than six months as his services gets terminated automatically on completion of contract.
Awaiting your reply
With best regards
pundalikhr
From India, Pune
Dear Friend
1)Yes, it is safe to be entered into 11 months contract with employees.
2)Yes, the Contract Labour Act Prohibits and regulates the contract labours in the establishment. u have to c the state notification in this regard.
3)The Gratuity Act will applicable on the employees who have given 5 yrs services to the establishment.
Regards
From India, Vadodara
1)Yes, it is safe to be entered into 11 months contract with employees.
2)Yes, the Contract Labour Act Prohibits and regulates the contract labours in the establishment. u have to c the state notification in this regard.
3)The Gratuity Act will applicable on the employees who have given 5 yrs services to the establishment.
Regards
From India, Vadodara
Sir, Please Specify That Appointment Letter Comes Under Perview Of Which Act? Is It Central Legislation ? Or State Legislation ? Awaiting Of Your Fruitful Reply.... With Regards Pundalikhr
From India, Pune
From India, Pune
Dear Friend
Issuing appointment letter is offer and accepting it by candidate makes the contract between the two.
So the legislation taking care of appointment is Indian Contract Act and it is Central legislation.
Regards
From India, Vadodara
Issuing appointment letter is offer and accepting it by candidate makes the contract between the two.
So the legislation taking care of appointment is Indian Contract Act and it is Central legislation.
Regards
From India, Vadodara
Dear Sir,
I have join company 25-05-2009 and aggrement was done till 31-03-2010. before one week HR call me and confirmed that from 1st April. 2014 onwards your an on role employee. now i have resigned on 27-Nov-2014. and I'm asking to HR for gratuity.
they simply say your comfirmation date of emplyeement was 1-sep-2010. and your PF also deduct form these date. request you kindly guide me for the same.
Regards
Suresh
From India, Jodhpur
I have join company 25-05-2009 and aggrement was done till 31-03-2010. before one week HR call me and confirmed that from 1st April. 2014 onwards your an on role employee. now i have resigned on 27-Nov-2014. and I'm asking to HR for gratuity.
they simply say your comfirmation date of emplyeement was 1-sep-2010. and your PF also deduct form these date. request you kindly guide me for the same.
Regards
Suresh
From India, Jodhpur
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Notification No G.S.R. 1128(E) Contract Labour (Regulation and Abolition) Central Amendment .pdf
LABOUR CONTRACT AGREEMENT.doc
Contract Labour Act.zip