Dear All,
Please let me know if there is any rule with respect to keeping an employee under temporary roll? Can we keep on extending temporary appointment period for any employee? If not, then what is the maximum period allowed to extend the temporary appointment without appointing them as permanent employee?
Waiting for your valuable response with corresponding rules supporting it.
Regards,
Sandeep Rai
From India, Bangalore
1Please let me know if there is any rule with respect to keeping an employee under temporary roll? Can we keep on extending temporary appointment period for any employee? If not, then what is the maximum period allowed to extend the temporary appointment without appointing them as permanent employee?
Waiting for your valuable response with corresponding rules supporting it.
Regards,
Sandeep Rai
From India, Bangalore
Dear Sandeep,
You may keep an employee on permanent roll temporarily or on temporary roll permanently - it depends upon the nature of your necessity as well as your mind-set. I think that barring Tamilnadu, no special law on this issue. But there are provisions in the ID Act, Standing Orders Act and certain establishment-related Acts regarding continuous service and it's impact on termination of employment. Since your question seems not triggered by right motive, no valuable suggestion could be given other than be considerate to your temporary employees.
From India, Salem
You may keep an employee on permanent roll temporarily or on temporary roll permanently - it depends upon the nature of your necessity as well as your mind-set. I think that barring Tamilnadu, no special law on this issue. But there are provisions in the ID Act, Standing Orders Act and certain establishment-related Acts regarding continuous service and it's impact on termination of employment. Since your question seems not triggered by right motive, no valuable suggestion could be given other than be considerate to your temporary employees.
From India, Salem
Let me add something more for the sake of clarity on the issue of temporary appointments. Admittedly it is the prerogative of the employer/management to decide the persons, their qualifications, number, duration of employment, standards of their performance, compensation and other conditions of service etc., based on employment needs. At the same time, such a prerogative can not be arbitrary and violation of the Laws of Employment in particular as well as opposed to public policy In general. Temporary employment implies the short-term duration of the work or its intermittent and incidental nature to the main activities of the establishment. Before making any appointment, the employer is, therefore, duty-bound to assess the above factors and decide the nature of appointment whether permanent or temporary. Prudence and frugality may demand temporary appointments initially on permanent Jobs. But it should not be a routine affair out of economic consideration and practical convenience. Sec.2 (ra) of the Industrial Disputes Act,1947 defines unfair labour practice with. r.to the items enumerated in its V th SCHEDULE. Part I-item 10 of the Schedule defines the practice of keeping employees on temporary rolls indefinitely as an unfair labour practice on the part of the employer. So, in the matter of temporary employment of labour, every employer must be aware of this legal position in addition to moral and ethical constraints.
From India, Salem
From India, Salem
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.
Rules and Regulations for Employees.doc
Employees' PF Appellate Tribunal Procedure Rules 1997.pdf