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tajsateesh
1637

Hello Contractemployees,
I presume you can understand English better than you can write.......going by some words you used very accurately.
To add further to what Saswata Banerjee's queries, pl also clarify your statement " bola ki tum hamari company ke under nahi ata".
1] Aapne bataya ki aapko nikal diya gaya........kya aapko 5-6 saal ka service ke liye written letter ya Experience letter mila?
You mentioned you were removed........have you got any Experience Letter for your 5-6 yrs service?
2] W.r.t your last line "Contractor....................bola ki tum hamari company ke under nahi ata", aapko salary kisse milta tha--5-6 saal se? From whom were you getting your salary for these 5-6 yrs?
Rules/Law ke mutabik, aap uske employee honge jisse aapka salary milta hai. As per Law, you are an employee of that Entity from whom you get your salary.
Pl give more details so that the members can give you realistic & actionable suggestions to resolve your situation.
All the Best.
Rgds,
TS

From India, Hyderabad
varghesemathew
912

No principal employer should communicate with an employee of the Contractor in writing. This will give evidence that the contract is sham as opined by Mr T K Madhu.
From India, Thiruvananthapuram
contractemployees
Respected SASWATABANERJEE Ji,
The termination Order came from the Ministry, no termination given by the Contractor as well as Contractor say i don't known what is matter, i how can Ministry give the termination Order.

From India, Delhi
saswatabanerjee
2395

If you have a termination order from the ministry, then you have proof tat you were a direct (though probably not a permanent) employee. In that case, you should speak to a good labour lawyer and get them to file a case against the ministry for unlawful retrenchment and for unfair labour practices. Since you were terminated without notice and without departmental inquiry, it is likely that the court will order your reinstatement.
However, please explain - who was paying your salary while you were working ?
Who were you reporting to and how decided things like your salary level, granting of leave, etc ?

From India, Mumbai
contractemployees
the termination letter order given from the ministry also endorsed a copy of the Contractor. How can Ministry give the name particularly, as well as Contractor not asked me what happened in the office, they you terminated.
From India, Delhi
contractemployees
Respected Sir/ Madam,

Tajsateesh ji & Saswata Banerjee ji,

Sorry Sir/Madam, mujhe English nahi aati jayada phir bhi try karta hoo,

1) No any Experience/termination Letter provided by the Contractor for 5-6 yrs service.

2) Contractor pay the salary from 5-6 yrs.

3) No Leave, no gratuity, no bonus, provide in my job period i.e. 5-6 years.

4) if, contractual/outsourced, Date Entry Operator (D.E.O.), working in various Ministries/Departments does not comes under the Scheduled Employments, so why, Central Govt. paid them Minimum wages, accordingly, NCT of Delhi, and why every time Central Govt. give the tender as per Low Bid accordingly, NCT of Delhi?

5) what is the Definition of Date Entry Operator (contractual/outsourced), working in Central Govt. various Ministries/Departments.

6) (iii) Whether 3 types of terms & condition in Contractual Employees, i.e. Central Govt. terms condition, Contractor terms condition then last NCT of Delhi.

7) Previous Contractor deducted 10% Service Charge for our Salary in every month, i think Service Charge may be provide by the Ministry, how can Contractor deducted 10% Service Charge from us in every month.

8) the termination letter order given from the ministry also endorsed a copy of the Contractor. How can Ministry give the name particularly, as well as Contractor not asked me what happened in the office, they you terminated.

thanks to all

warm regards,

contractemployees76

From India, Delhi
tajsateesh
1637

Hello Contractemployees,
This is a straight-cut case for Labor Court intervention.
Even though you worked on contract, you will be eligible for Leaves.
Other more knowledgeable members in Contract Law would be able to confirm IF you will also be eligible for Bonus & Gratuity.
Deduction of 10% Service Charge is, to say the least, atrocious. No one can do it legally.
BTW, did you get your salaries thru cash OR cheque OR bank account transfer?
Suggest contact a Labor Lawyer ASAP & go legal......if you wish, you can post any specific queries in this Forum after speaking to the lawyer. The members can guide you regarding the practicalities.
All the Best.
Rgds,
TS

From India, Hyderabad
contractemployees
First 9 months Contract payee account cheque, after 9 months Contractor transfer directly to the salary in our account
From India, Delhi
contractemployees
what is the fundamental rights for contractual labour (as a Computer Operator) working in Central Govt.
From India, Delhi
contractemployees
i am working as Contractual basis job in Ministry since 5-6 year, can i claim for gratuity, but contractor changes after 4 years 9 months, however, service continue by other contractor in the same Ministry and the same designation (contractor changes time to time, but service regularly continue from 5-6 years in the same Ministry)
From India, Delhi
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