Dear Friend , Can we appoint employees for fixed term of one year. Please advise. D V Gosavi
From India, Pune
11From India, Pune
Hi, I think you can appoint candidates on a contractual basis for 1 year. But i would suggest you to hire candidates through external temp staffing agencies. Thanks
From India, Mumbai
From India, Mumbai
Dear Friend "Any agreement which is enforceable by law is legal contract" and service contract is one of the contract, which, if enforceable by law is legal.. Regards
From India, Vadodara
From India, Vadodara
Guys,
You can appoint a person on a fixed term contract of 1 year. But Pls remember As per Contract Act any person employed with the organisation for more than 180 days is deemed to be a permanent employee. Hence try to break the contract before 180 days and again recruit him giving a gap of 5 to 7 days.....dont let the cap of 180 days cross...otherwise if challenged in the court of law HE is deemed to be a permenent employee...HOPE YOU GUYS ARE CLEAR ON THIS..........
From United Kingdom
You can appoint a person on a fixed term contract of 1 year. But Pls remember As per Contract Act any person employed with the organisation for more than 180 days is deemed to be a permanent employee. Hence try to break the contract before 180 days and again recruit him giving a gap of 5 to 7 days.....dont let the cap of 180 days cross...otherwise if challenged in the court of law HE is deemed to be a permenent employee...HOPE YOU GUYS ARE CLEAR ON THIS..........
From United Kingdom
Dear Gaggan Sahni ji,
Pls go through the below post, ur doubt will get cleared;
https://www.citehr.com/114628-contra...tml#post467874
Regards
From India, Vadodara
Pls go through the below post, ur doubt will get cleared;
https://www.citehr.com/114628-contra...tml#post467874
Regards
From India, Vadodara
Hi,
Thanks for the update..Firstly by mistake i mentioned that 180 days instead of 240 days....secondly judgments differ from case to case ..the court take all the aspects into consideration while giving the judgement..there have been cases where courts have recognised 240 days as moral grounds for confirmation....hence exceptions are every where....your update surely has strong point to be contested...the law permit fixed term contract and if you renew the fixed term contract on expiry it clearly means that permanent vacancy exits within the organisation and you and intentionally not filling it up ..hence on renewal one must be careful.......I have checked with my lawyer also he also says the same thing of 240 days of cap......I think we guys need to re-assess this from the current scenario.....
From United Kingdom
Thanks for the update..Firstly by mistake i mentioned that 180 days instead of 240 days....secondly judgments differ from case to case ..the court take all the aspects into consideration while giving the judgement..there have been cases where courts have recognised 240 days as moral grounds for confirmation....hence exceptions are every where....your update surely has strong point to be contested...the law permit fixed term contract and if you renew the fixed term contract on expiry it clearly means that permanent vacancy exits within the organisation and you and intentionally not filling it up ..hence on renewal one must be careful.......I have checked with my lawyer also he also says the same thing of 240 days of cap......I think we guys need to re-assess this from the current scenario.....
From United Kingdom
Dear Kuljit, Pls refer to the following link judis.nic.in/supremecourt/qrydisp.asp?tfnm=29780 - 37k
From United Kingdom
From United Kingdom
Dear Kuljit, Pls refer to the following link judis.nic.in/supremecourt/qrydisp.asp?tfnm=29780 - 37k In this case Supreme
From United Kingdom
From United Kingdom
Dear Kuljit, Pls refer to the following link judis.nic.in/supremecourt/qrydisp.asp?tfnm=29780 - 37k In this case Supreme Court has directed that more than 240 days its deemed to be a permanent
From United Kingdom
From United Kingdom
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Fixed term employment extended.jpg
Fixed term employment.pdf
Fixed Term Contract Employees to get Gratuity.docx