Dear all,
What is legal base for hiring employees on Fix Term Appointment and revising every year, without providing gratuity facility. Please explain what legal base for this.
Regards,
Yashavant
8806699680
From India, Mumbai
What is legal base for hiring employees on Fix Term Appointment and revising every year, without providing gratuity facility. Please explain what legal base for this.
Regards,
Yashavant
8806699680
From India, Mumbai
Dear Yashvant,
I think you are under some compulsion to raise such a query on a proposal which to my mind sounds unethical apart from illegal. In fact reading in between the lines of the opening part of your statement one can understand that it is not the nature of the job that requires appointment on fixed term basis. Irrespective of the mode of appointment, the right to certain statutory benefits would automatically accrue to an employee by the passage of time as the employment relationship continues despite the artificial breaks in between the expiry and the consecutive revival of a fixed term contract. In stead, you can engage a person on retainer basis as it would ensure freedom of contract to both and would also be fair and lawful from the perspective of both.
From India, Salem
I think you are under some compulsion to raise such a query on a proposal which to my mind sounds unethical apart from illegal. In fact reading in between the lines of the opening part of your statement one can understand that it is not the nature of the job that requires appointment on fixed term basis. Irrespective of the mode of appointment, the right to certain statutory benefits would automatically accrue to an employee by the passage of time as the employment relationship continues despite the artificial breaks in between the expiry and the consecutive revival of a fixed term contract. In stead, you can engage a person on retainer basis as it would ensure freedom of contract to both and would also be fair and lawful from the perspective of both.
From India, Salem
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