in my hosp there r 10 temporary staff ie hired staff from agency ,,,already we have 15 permanant staff ...as and when nnecessary we hire the temp staff ...what to do wen the union is asking us to make the temporary staff permanent ,,,,it is an extra financial burden for us
From India, Kannur
From India, Kannur
Dear member
Tell them that there are no permanent vacancies and their engagement is only agaisnt temporray increase in work load and hence there is no case for their permanency and they are enaged only for a fixed tenure on the expiry of which their services stand discontinued.
B.saikumar
Hr & Labour law advisor
Mumbai
From India, Mumbai
54Tell them that there are no permanent vacancies and their engagement is only agaisnt temporray increase in work load and hence there is no case for their permanency and they are enaged only for a fixed tenure on the expiry of which their services stand discontinued.
B.saikumar
Hr & Labour law advisor
Mumbai
From India, Mumbai
First of all go through the requirement, are you engaging them regularly, is that position is perinniel in nature then you have to think about the deployment.
In case of some jobs it is allowed to deploy people on temporary or contract Ex: Security, gardening, loading and unloading. If your deployment is perinniel and in core areas then there is a possibility of regularization.
If you are deploying workers to meet the addition load and exegencies for a limited time then there is no question of regularization.
Regards - kamesh
From India, Hyderabad
In case of some jobs it is allowed to deploy people on temporary or contract Ex: Security, gardening, loading and unloading. If your deployment is perinniel and in core areas then there is a possibility of regularization.
If you are deploying workers to meet the addition load and exegencies for a limited time then there is no question of regularization.
Regards - kamesh
From India, Hyderabad
Dear member
I observe now that you are hiring the persons for atemporary period from an agency which is a contractor within the meaning of the Contract Labour Act 1970 and if he is a licensed contractor, the persons hired from such agency will be treated as that of the contractor but not that of your establishment. Thus once the need for hiring them is over, the contarct can be dispensed with.Yes as Mr.kamesh said, exercise care not to engage them perennielly or core activities.
B.Saikumar
Hr & Labour Law Advisor
Mumbai
From India, Mumbai
I observe now that you are hiring the persons for atemporary period from an agency which is a contractor within the meaning of the Contract Labour Act 1970 and if he is a licensed contractor, the persons hired from such agency will be treated as that of the contractor but not that of your establishment. Thus once the need for hiring them is over, the contarct can be dispensed with.Yes as Mr.kamesh said, exercise care not to engage them perennielly or core activities.
B.Saikumar
Hr & Labour Law Advisor
Mumbai
From India, Mumbai
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