Dear Akshay
1. As regards Termination, you are admin officer & not a workman as defined in ID Act. You cant challenge this termaintion in Labour court. You have option to file civil suit, & er-employment is not permitted in civil suit. Further since you have agreed certain terms & conditions while entering in to employment, hence less possibility of getting compensation in civil suit.
2. As regards PF you may file a complaint to PF office.
3. Workman who has completed 240 days can challenge the permanency/termination etc.
Thanks & regards
SDP
From India, Kolhapur
301. As regards Termination, you are admin officer & not a workman as defined in ID Act. You cant challenge this termaintion in Labour court. You have option to file civil suit, & er-employment is not permitted in civil suit. Further since you have agreed certain terms & conditions while entering in to employment, hence less possibility of getting compensation in civil suit.
2. As regards PF you may file a complaint to PF office.
3. Workman who has completed 240 days can challenge the permanency/termination etc.
Thanks & regards
SDP
From India, Kolhapur
Dear CiteHR,
I know many companies which are giving a contract appointment for a period of only 10 months. These are nearly 80% are woman employees total numbers will be more than 2000 altogether. It is going on with the same set of employees year after year. These poor employees can not claim for their regularization, year increments or PF and other facilities.
Is there any forum or any NGO who can help them.
Thanks
From India, Raipur
I know many companies which are giving a contract appointment for a period of only 10 months. These are nearly 80% are woman employees total numbers will be more than 2000 altogether. It is going on with the same set of employees year after year. These poor employees can not claim for their regularization, year increments or PF and other facilities.
Is there any forum or any NGO who can help them.
Thanks
From India, Raipur
Hi Dear Seniors, I have doubt shall we take as a trainee for one year? is there any obligation in the law? is yes pls provide brief explanation. Regards, Shivananda VD
From India, Bangalore
From India, Bangalore
With due respect to the Questioner, i think it is a very tricky question.First and foremost, the term "employment" has a definite and wider connotation apart from the mere engagement of one's services by the other for hire or reward. It creates a lasting relationship between the hirer and the hired.Depending upon the lasting effect of the relationship, the mutuality of obligations imposed on both, prevailing norms of social justice governing interpersonal relations between the haves and the have-nots, gradual but steady scientific advancement culminating in technological innovations and the consequential growth in commerce and trade compatible with changing consumption patterns all put together have effected considerable changes in the relationship between the hirer and the hired from "master-serf" to "master - servant" and finally to "employer - employee."Secondly, why the questioner is more concerned about the legal implications of the so-called "short-term or fixed-term" appointments. While interpreting the meaning of the term "retrenchment" u/s 2(oo) of the Industrial Disputes Act,1947 with specific reference to the newly added sub-clause (bb), the Punjab and Haryana High Court [ 1990(1)LLJ.443 ] observed:"In fact cl(bb), which is an exception, is to be so interpreted as to limit it to cases where the work itself has been accomplished and the agreement of hiring for a specific period was genuine.If the work continues, the non-renewal of the contract on the face of it has to be dubbed as mala fide. It would be fraud in law if it is interpreted otherwise."So, if such practice is adopted to circumvent the commom law principles of employer and employee in respect of the cadre of workmen, it would be void ab initio ;in other cases? --- please consider what AKIO MORITA says in "Made in Japan" : "Management must consider a good return for the investor, but he also has to consider his employees or his colleagues, who must help him to keep the company alive and he must reward their work. The investor and the employee are in the same position, but some times the employee is more important, because he will be there a long time whereas an investor will often get in and out on a whim in order to make a profit. The worker's mission is to contribute to the company's welfare, and his own, every day all of his working life. He is really needed.Basically, there has to be mutual respect and a sense that the company is the property of the employees and not of a few top people.But those people at the top of the company have a responsibility to lead that family faithfully and be concerned about the members."
From India, Salem
From India, Salem
FTA
Fixed term appointment ;ie appointment for a fixed period is recognized under ID Act and IE (SO ) Act.But there should be a term in the appointment order of workmen to terminate him on non-renewal of the contract of that employment at the expiry of the contract or a provision in the contract to terminate the same during the contractual period.Such termination will not be retrenchment.Except the escape from retrenchment all other Laws will be applicable to him.
-He is eligible for MW, bonus ,EPF,ESI,gratuity,leaves,holidays etc just like regular employees.
Keeping employees as on FTA for long time is an unfair practice which will boomerang on employer if an ID is raised in Labor Court/Tribunal.They will be counted for the applicability of labor laws.
Nothing wrong in taking employees as Trainees.Trainees are employees for ESI if they are not taken as per Apprentices Act.They are Employees employees for EPF also if they are not taken under Apprentices Act or under Standing orders o f the Co.Again continuing this system for long time is bad .
Varghese Mathew
9961266966
From India, Thiruvananthapuram
Fixed term appointment ;ie appointment for a fixed period is recognized under ID Act and IE (SO ) Act.But there should be a term in the appointment order of workmen to terminate him on non-renewal of the contract of that employment at the expiry of the contract or a provision in the contract to terminate the same during the contractual period.Such termination will not be retrenchment.Except the escape from retrenchment all other Laws will be applicable to him.
-He is eligible for MW, bonus ,EPF,ESI,gratuity,leaves,holidays etc just like regular employees.
Keeping employees as on FTA for long time is an unfair practice which will boomerang on employer if an ID is raised in Labor Court/Tribunal.They will be counted for the applicability of labor laws.
Nothing wrong in taking employees as Trainees.Trainees are employees for ESI if they are not taken as per Apprentices Act.They are Employees employees for EPF also if they are not taken under Apprentices Act or under Standing orders o f the Co.Again continuing this system for long time is bad .
Varghese Mathew
9961266966
From India, Thiruvananthapuram
Dear Akshay,
Unfortunately you will have to abide by the contract letter issued to you.
1 thing you could do is that if you have performed well & good relations with the company where you are deputed then the HR & your Line Manager can do something to get you on payroll, HOWEVER STRICTLY YOU CANNOT DEMAND & IMPOSE THE SAME THING.
Notice period has to be mentioned in the contract period, It would be included somewhere at the termination part, Please check.
For PF you would need to check with your Contractor, Only they would be able to give some details on same.
As far as any help is concerned, The Co. where you are deputed might provide reference's to other Co's, But again as I said they might do so they will not be under legal obligation to do so.
Thanks, Kamlesh
From India, Mumbai
Unfortunately you will have to abide by the contract letter issued to you.
1 thing you could do is that if you have performed well & good relations with the company where you are deputed then the HR & your Line Manager can do something to get you on payroll, HOWEVER STRICTLY YOU CANNOT DEMAND & IMPOSE THE SAME THING.
Notice period has to be mentioned in the contract period, It would be included somewhere at the termination part, Please check.
For PF you would need to check with your Contractor, Only they would be able to give some details on same.
As far as any help is concerned, The Co. where you are deputed might provide reference's to other Co's, But again as I said they might do so they will not be under legal obligation to do so.
Thanks, Kamlesh
From India, Mumbai
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