Can u clear my doubt Kamal Kant ji,
I have a few casual employees who are working with us for more than 10 yrs.They are paid through vouchers. We have no other record with the Company regarding them. Can they claim permanency / PF/ ESI/ Gratuity dues if their services are discontinued? Now we want to regularise the system by putting them under a Contractual agency, with PF/ESI / Min. wages etc. Can they claim the arrears ?
From India, Kolkata
I have a few casual employees who are working with us for more than 10 yrs.They are paid through vouchers. We have no other record with the Company regarding them. Can they claim permanency / PF/ ESI/ Gratuity dues if their services are discontinued? Now we want to regularise the system by putting them under a Contractual agency, with PF/ESI / Min. wages etc. Can they claim the arrears ?
From India, Kolkata
Dear Friend,
In my views, Casual Employee mean an employee who works on demand of the employer and basically that work is for few hours / days.
Whereas, in your case such type of employees working in your organization for almost 10 years..!!
That doesn't means that they are casual workers, as their services are mandatory for your organization. In view of that, they are also entitle for all types of statutory and legal benefits. They can also claim Permanency / PF / ESI / Gratuity, and other dues also, if their services are discontinued and if they have any proof / document which can proof their employment. They can also approach Labour Authorities for these benefits and if they proved this, your organization will have to pay all the benefits with retrospective effect.
From India, Delhi
162In my views, Casual Employee mean an employee who works on demand of the employer and basically that work is for few hours / days.
Whereas, in your case such type of employees working in your organization for almost 10 years..!!
That doesn't means that they are casual workers, as their services are mandatory for your organization. In view of that, they are also entitle for all types of statutory and legal benefits. They can also claim Permanency / PF / ESI / Gratuity, and other dues also, if their services are discontinued and if they have any proof / document which can proof their employment. They can also approach Labour Authorities for these benefits and if they proved this, your organization will have to pay all the benefits with retrospective effect.
From India, Delhi
Kamal Kant Tyagi
Advocate, Labour Law Consultant. New Delhi.
Ph. no. +91-9313907096
Dear sir/friend
I m a employee on post of Data Entry Operator of Autonomous Education Institute (Govt) since 6 years on contract bases (initial for two year) and then extended year by year on a fixed amount just above the minimum wages.
I want to clear that, i join this job by proper way, like Open Advertisement, Written test, Interview and then selection on merit,
Now my first employer is expelling me, after six year of service, when i join the job, i was not known of difference of Contract and permanent employee, because in that time, govt of state also hiring employee in such a way and make them regularize also.
but now, i every thing is dark and dark infront of my eyes, i not know what i do, where i and my family will go, is it my fault, if employer has advertise the post on Contract basis even post is sanctioned post and i have cleared all stages in same way as regular employee pass on.
There is only fault of employee only, where no bargaining of Salary, terms conditions made my employee, every terms and condition they frame.
we give 6 valuable years of our life just for few coins, and now Institute is showing it's mean, or can say it as, When Institute was need of me, he use like toilet and now he is trowing us.
Can i fight for regularization
Can I fight for Survial of me and my family with high class gaints
Will Law of India help us, i ask because, i m already get breakup, we work hard alot here, They exploit us by his own way, and gives little coin in name of fixed salary like a rich man throws coin to beggar.
please help me
From India, Amritsar
Advocate, Labour Law Consultant. New Delhi.
Ph. no. +91-9313907096
Dear sir/friend
I m a employee on post of Data Entry Operator of Autonomous Education Institute (Govt) since 6 years on contract bases (initial for two year) and then extended year by year on a fixed amount just above the minimum wages.
I want to clear that, i join this job by proper way, like Open Advertisement, Written test, Interview and then selection on merit,
Now my first employer is expelling me, after six year of service, when i join the job, i was not known of difference of Contract and permanent employee, because in that time, govt of state also hiring employee in such a way and make them regularize also.
but now, i every thing is dark and dark infront of my eyes, i not know what i do, where i and my family will go, is it my fault, if employer has advertise the post on Contract basis even post is sanctioned post and i have cleared all stages in same way as regular employee pass on.
There is only fault of employee only, where no bargaining of Salary, terms conditions made my employee, every terms and condition they frame.
we give 6 valuable years of our life just for few coins, and now Institute is showing it's mean, or can say it as, When Institute was need of me, he use like toilet and now he is trowing us.
Can i fight for regularization
Can I fight for Survial of me and my family with high class gaints
Will Law of India help us, i ask because, i m already get breakup, we work hard alot here, They exploit us by his own way, and gives little coin in name of fixed salary like a rich man throws coin to beggar.
please help me
From India, Amritsar
Dear Sunil,
This all depends on your appointment procedure. It is true that there are various posts on which the Government engages people on Temporary Contractual Basis. However, if it is opened on the first instance that the same post is temporary in nature, you would have very very remote chance of claiming the permanency. Only in case they do not fill the position with permanent employment for very long and keep you in their continuous employment for the whole term, you may have a chance. But mind it this may be a chance no guarantee. You could apply for the post for permanent employment when such advertisement is published and will have to adhere to the selection procedure so declared.
I am afraid the battle to claim permanency last very long with no guarantee for success. Please read the Uma Devi Judgement of Supreme Court on the subject.
From India, New Delhi
This all depends on your appointment procedure. It is true that there are various posts on which the Government engages people on Temporary Contractual Basis. However, if it is opened on the first instance that the same post is temporary in nature, you would have very very remote chance of claiming the permanency. Only in case they do not fill the position with permanent employment for very long and keep you in their continuous employment for the whole term, you may have a chance. But mind it this may be a chance no guarantee. You could apply for the post for permanent employment when such advertisement is published and will have to adhere to the selection procedure so declared.
I am afraid the battle to claim permanency last very long with no guarantee for success. Please read the Uma Devi Judgement of Supreme Court on the subject.
From India, New Delhi
Dear All seniors
at the time of calculating the retrenchment Benefit of Employees, we are adopted the below mentioned trick for temporary workers.
one year completed with 240 days of working ( 26 days notice pay and 15 days retrenchment benefit)
One year & 6 month completed (26 days notice pay and 15+15=30 days retrenchment benefit but for the 2nd 15 days total number of days must be [240+120=360 days]
if a worker work one year and eight month but total number of working days is 320 then we are paying only 15 days retrenchment benefit because for 30days retrenchment benefit total number of days must be 360 working days.
Please suggest whether we are right or wrong in calculation of benefit.
From India, Jamshedpur
at the time of calculating the retrenchment Benefit of Employees, we are adopted the below mentioned trick for temporary workers.
one year completed with 240 days of working ( 26 days notice pay and 15 days retrenchment benefit)
One year & 6 month completed (26 days notice pay and 15+15=30 days retrenchment benefit but for the 2nd 15 days total number of days must be [240+120=360 days]
if a worker work one year and eight month but total number of working days is 320 then we are paying only 15 days retrenchment benefit because for 30days retrenchment benefit total number of days must be 360 working days.
Please suggest whether we are right or wrong in calculation of benefit.
From India, Jamshedpur
Dear Adv. Kamal Kant ji,
if we appointed as a contract employee for one year, and renewing his contract to next one year, on the next day he completed the contract period. No break in service. Is there any possibility for him to get the job as permanent, according to our Indian Contract law.?
From India, undefined
if we appointed as a contract employee for one year, and renewing his contract to next one year, on the next day he completed the contract period. No break in service. Is there any possibility for him to get the job as permanent, according to our Indian Contract law.?
From India, undefined
Dear Chindu,
That depends upon his contract of employment. Things also depend on the Nature of Job done by such employee. If he is a badli worker he might continue for years and when regular appointment is done he may be removed by giving compensation. He may become permanent if he is shown to be engaged on contract basis just to deprive him of the statutory facilities available to him under various Indian Labour Laws. So there are a lot of scenarios. If you can share the actual scenario that would be easy to Opine. Please mention as to how long this contractual thing is going on. Also mention the post the person is working.
From India, New Delhi
That depends upon his contract of employment. Things also depend on the Nature of Job done by such employee. If he is a badli worker he might continue for years and when regular appointment is done he may be removed by giving compensation. He may become permanent if he is shown to be engaged on contract basis just to deprive him of the statutory facilities available to him under various Indian Labour Laws. So there are a lot of scenarios. If you can share the actual scenario that would be easy to Opine. Please mention as to how long this contractual thing is going on. Also mention the post the person is working.
From India, New Delhi
I am working in a government organization for eight years in direct pay roll but in contractual mode. I had joined in this organization through interview (through consultancy agency) but not through advertisement in news paper. Now, please provide me the information about security of my job and may I claim for permanent mode in this organization?
From India, Kolkata
From India, Kolkata
Sir, how to calculate the 240 days. I am since 2010 in job. but last two years the instituate give 1 days break. can i eligible to the perment job? Give me some suggestion. many my coligue to join to 2010 and very earlier.
From India, Rajkot
From India, Rajkot
Dear Keshav Sir,
Please let me know is it required to show a service Discontinuation of few days between 2 contracts, if the employee is hired on contract basis and on principal employer’s roll.
If we do not show any gap between 2 contracts, can employee claim a permanency with the principal employer ?
Kindly guide me with regards to this; we are a school working under CBSE by-law.
Thanks
From India, New Delhi
Please let me know is it required to show a service Discontinuation of few days between 2 contracts, if the employee is hired on contract basis and on principal employer’s roll.
If we do not show any gap between 2 contracts, can employee claim a permanency with the principal employer ?
Kindly guide me with regards to this; we are a school working under CBSE by-law.
Thanks
From India, New Delhi
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