Hello Sir,
I have been a fixed-term contractual worker for 3.5 years on the basis of a 6-month contract renewal in a government organization. One contractor changed during this period, and there was no gap available between any contract renewals. Due to the government change, the primary employer refused to continue our services. If we can prove that the contract is legitimate and not just paperwork, then we can seek legal help and possibly obtain a court stay on our jobs.
Please provide some legal assistance regarding this.
From India, Jaipur
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I have been a fixed-term contractual worker for 3.5 years on the basis of a 6-month contract renewal in a government organization. One contractor changed during this period, and there was no gap available between any contract renewals. Due to the government change, the primary employer refused to continue our services. If we can prove that the contract is legitimate and not just paperwork, then we can seek legal help and possibly obtain a court stay on our jobs.
Please provide some legal assistance regarding this.
From India, Jaipur
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The contractor failed to renew the contract or obtain a fresh work order. This is a matter between the principal and the contractor. As the employees belong to the contractor, it is up to the contractor to reassign them to another contract location until they secure the next contract awarded by the Government of India.
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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
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From India, Jaipur
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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
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From India, Kochi
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You and others can take a legal course to obtain a stay. Do not overwhelm yourself with the idea that you can prove the contract is a sham or camouflage. Please be informed that the job is limited to the period for which your Employer/Contractor secured the work or until a cease of work order is issued. Do you have a contract with the principal employer where the contractor may change but not the workman, as long as the work continues?
From India, Mumbai
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From India, Mumbai
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Fighting a case of creating permanency is very difficult after the Apex Court SAIL decision. Also, proving a sham contract is equally complex. Without wasting time in litigation, it is better to compromise with your contractor and continue contractual employment.
V. Sounder Rajan
HR & Employment Law Attorney
Specializing in Recruiting and Contract Staffing Industry
M: 98401-42164
From India, Chennai
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V. Sounder Rajan
HR & Employment Law Attorney
Specializing in Recruiting and Contract Staffing Industry
M: 98401-42164
From India, Chennai
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Mr. Hussain, were you directly contracted with the department for a fixed term, or were you employed through a contractor? If you were employed through a contractor, then you may have a weak case to fight based on the decisions of the Honorable Supreme Court in cases such as SAIL and Umadevi. However, if you have a direct contract with the concerned department, you may pursue regularization.
If the department is part of the Central Government, you can seek guidance from the Labour Department of the Central Government in your city. If the department belongs to the State Government, then approach the Labor Department of the State Government for further assistance.
From India, Pune
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If the department is part of the Central Government, you can seek guidance from the Labour Department of the Central Government in your city. If the department belongs to the State Government, then approach the Labor Department of the State Government for further assistance.
From India, Pune
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Dear Hussain,
Nowadays, the contracts are awarded for 2 years, extendable for a further period of 1 year. You will rarely find any contract awarded for 4 or 5 years. In Public Sectors, Principal Employers change contractors every 3 years or after the completion of the contract, whichever is earlier. Contract workmen are appointed for a fixed period/contractual period through the contractor and not by the Principal employer; therefore, you do not have a direct relationship as an employee with the Principal employer.
Principal Employers also insist on the issuance and submission of copies of appointment letters issued to contractual workmen by the contractors to ensure that there is no direct or indirect liability of workmen on them. The new contractor has the liberty to refuse you employment if they have sufficient and specialized manpower. They may not be able to afford to pay you the same salary you were drawing at the end of the contract if the contractor has signed the contract for a lesser amount or offered a lower rate. Therefore, it is advisable to continue with the current situation and look for opportunities elsewhere after gaining some experience and utilizing your talent.
Regards,
Suresh
From India, Thane
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Nowadays, the contracts are awarded for 2 years, extendable for a further period of 1 year. You will rarely find any contract awarded for 4 or 5 years. In Public Sectors, Principal Employers change contractors every 3 years or after the completion of the contract, whichever is earlier. Contract workmen are appointed for a fixed period/contractual period through the contractor and not by the Principal employer; therefore, you do not have a direct relationship as an employee with the Principal employer.
Principal Employers also insist on the issuance and submission of copies of appointment letters issued to contractual workmen by the contractors to ensure that there is no direct or indirect liability of workmen on them. The new contractor has the liberty to refuse you employment if they have sufficient and specialized manpower. They may not be able to afford to pay you the same salary you were drawing at the end of the contract if the contractor has signed the contract for a lesser amount or offered a lower rate. Therefore, it is advisable to continue with the current situation and look for opportunities elsewhere after gaining some experience and utilizing your talent.
Regards,
Suresh
From India, Thane
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SUPREME COURT-STAY ORDER (ESI IN CONST.) UPLOADED INTO ESI PORTAL.pdf