Dear All
I am working in construction company and in our company appointed a supervisor for period of 03 year on contract basis and after completion of contract his service was closed but the supervisor claimed that for permanent job and he therein that if it is not he filed a case on high court. so please advice me what is the legal procedure and what is the conclude point.
From India, New Delhi
4I am working in construction company and in our company appointed a supervisor for period of 03 year on contract basis and after completion of contract his service was closed but the supervisor claimed that for permanent job and he therein that if it is not he filed a case on high court. so please advice me what is the legal procedure and what is the conclude point.
From India, New Delhi
Dear Siba Prasad
Kindly see your Agreement Terms & Conditions..If it is clearly indicates about the employment clause..then you are safe..it is not there..you can say it in the other way like Breach of Contract and Breach of Trust...The law is always to interpret and the way how you are seeing the law..
Thanks & Regards
B. RAVIMURUGAN
Sr. HR & Legal Professional.
From India, Madras
Kindly see your Agreement Terms & Conditions..If it is clearly indicates about the employment clause..then you are safe..it is not there..you can say it in the other way like Breach of Contract and Breach of Trust...The law is always to interpret and the way how you are seeing the law..
Thanks & Regards
B. RAVIMURUGAN
Sr. HR & Legal Professional.
From India, Madras
Until and unless we know the terms and conditions of employment we may not be able to comment of the same. If the appointment letter says that the employment is purely on contractual basis, no regularization of employment, closes on completion of 3 years then he don't have any right to claim for permanancy.
Pl. terminate his contract, complete the settlement process and if he wants to go to court let him go. Your company may also having company lawyer, pl. discuss with them and if you don't have then find out a lawyer, consult and proceed. The all activity should be with the clear information and confirmation from the top management.
If your document wrt his contract employment is clear you need not worry, total case depends on the contract employment letter and the terms and conditions there of.
Regards - kamesh
From India, Hyderabad
Pl. terminate his contract, complete the settlement process and if he wants to go to court let him go. Your company may also having company lawyer, pl. discuss with them and if you don't have then find out a lawyer, consult and proceed. The all activity should be with the clear information and confirmation from the top management.
If your document wrt his contract employment is clear you need not worry, total case depends on the contract employment letter and the terms and conditions there of.
Regards - kamesh
From India, Hyderabad
First discontinue / terminate him. If he is not ready to take his final settlement, get a Demand Draft and send it through the Registered Post Ack.due, if he returns it, file it with out opening. If he goest to the court you identify a lawyer and continue because it will be decided after a decade or so. Deploy a highly professional lawyer because how correct you may but the success depends on the lawyer who represents the company in the court.
Regards - kamesh
From India, Hyderabad
Regards - kamesh
From India, Hyderabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf