hello Sir,
I am fixed term contractual worker since 3.5 year on the basis of 6 month contract renewal in govt organisation. one contractor changed in this period and No gap available between any contract renewal. Due to the govt changed primary employer refuced to continue our services. if we are proved that cotract it shame or paper work then we can take court stay on our jobs.
Plz give some legal help regarding this.
From India, Jaipur
I am fixed term contractual worker since 3.5 year on the basis of 6 month contract renewal in govt organisation. one contractor changed in this period and No gap available between any contract renewal. Due to the govt changed primary employer refuced to continue our services. if we are proved that cotract it shame or paper work then we can take court stay on our jobs.
Plz give some legal help regarding this.
From India, Jaipur
contractor failed to renew the contract or get a fresh work order, this is the matter between principal and contractor,
as the employees belong to the contractor, it is upto the contractor to depute them at some other contract place, untill and unless he get next contract awarded by GOI
632as the employees belong to the contractor, it is upto the contractor to depute them at some other contract place, untill and unless he get next contract awarded by GOI
if we proved that contract is shame or camouflage then we can do prayer for continue our service or not from the tribunal court.
From India, Jaipur
From India, Jaipur
Yes, there is a good chance in getting a stay. However, seeking any legal remedy could be quite taxing, in terms of resources, efforts and and time. Please note that it is not "shame" but "sham".
From India, Kochi
From India, Kochi
You & others can take a legal course to have a stay.
Do not over whelm that you can prove the contract is sham or camouflage.
Be informed that the job is only limited to period for which your Employer/Contractor got the work or cease of work order.
Do you have any such contract with principal employer that contractor may change but not the workman, as long the work continues?
From India, Mumbai
Do not over whelm that you can prove the contract is sham or camouflage.
Be informed that the job is only limited to period for which your Employer/Contractor got the work or cease of work order.
Do you have any such contract with principal employer that contractor may change but not the workman, as long the work continues?
From India, Mumbai
Fighting a case of creating permanency is very difficult after Apex Court SAIL decision.Also proving a sham contract is equally complex. Without wasting time in litigation it is is better to compromise with your Contractor and continue contractual employment.
V.Sounder Rajan
HR & Employment Law Attorney
Specializing for Recruiting and Contract Staffing Industry
M: 98401-42164
V.Sounder Rajan
HR & Employment Law Attorney
Specializing for Recruiting and Contract Staffing Industry
M: 98401-42164
Mr Hussain, whether you were having contract directly with department for fixed term or you were employed through contractor?
If you were employed through contractor then you are having a weak case to fight in the light of Hon'ble Supreme court cases SAIL and Umadevi.
but if you have direct contract with the concerned department, then you may fight for regularisation. If the department is of Central Govt you may approach Labour department of Central Govt in your city . If the department is of State Govt then approach the Labour Dept of State govt for further guidance.
From India, Pune
If you were employed through contractor then you are having a weak case to fight in the light of Hon'ble Supreme court cases SAIL and Umadevi.
but if you have direct contract with the concerned department, then you may fight for regularisation. If the department is of Central Govt you may approach Labour department of Central Govt in your city . If the department is of State Govt then approach the Labour Dept of State govt for further guidance.
From India, Pune
Dear Hussain,
Nowdays the contracts are awarded for 2 years extendable for further period of 1 year. You will rarely find any contract awarded for 4 or 5 yrs. In Public Sectors, Principal Employers change contractors every 3 years or after completion of contract whichever is earlier. Contract workmen are appointed for a fixed period / contractual period thru the contractor and not by the Principal employer, therefore you do not have direct relation and employee and employer with the Principal employer.
Principal Employers also insist for issuance and submission copies of appointment letters issued to contractual workmen by the contractors and ensure that there is no direct or indirect liability of workmen on them.
The New contractor has liberty to refuse you employment if he has sufficient and specialised manpower with him. He may not afford to pay you the salary which you were drawing at the end of the contract, if the contractor has signed the contract for lesser amount or offered lesser rate. Therefore it is advisable to continue with the stream and look for opportunity elsewhere after gaining some experience and using your talent.
Regards,
Suresh
From India, Thane
Nowdays the contracts are awarded for 2 years extendable for further period of 1 year. You will rarely find any contract awarded for 4 or 5 yrs. In Public Sectors, Principal Employers change contractors every 3 years or after completion of contract whichever is earlier. Contract workmen are appointed for a fixed period / contractual period thru the contractor and not by the Principal employer, therefore you do not have direct relation and employee and employer with the Principal employer.
Principal Employers also insist for issuance and submission copies of appointment letters issued to contractual workmen by the contractors and ensure that there is no direct or indirect liability of workmen on them.
The New contractor has liberty to refuse you employment if he has sufficient and specialised manpower with him. He may not afford to pay you the salary which you were drawing at the end of the contract, if the contractor has signed the contract for lesser amount or offered lesser rate. Therefore it is advisable to continue with the stream and look for opportunity elsewhere after gaining some experience and using your talent.
Regards,
Suresh
From India, Thane
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SUPREME COURT-STAY ORDER (ESI IN CONST.) UPLOADED INTO ESI PORTAL.pdf