26-06-2008, 12:24 PM
| | | | Join Date: Mar 2007 Location: india
Posts: 600
| |  fixed term contracts
hi everyone,
i came across an unusual situation at one of my client sites.
is it legally correct to hire people on fixed term contracts eg 2 year or 4 year contracts rather than indefinite employment ?
regards
surya
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26-06-2008, 12:28 PM
| | | | Join Date: Nov 2007 Location: Chennai
Posts: 151
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Dear Surya,
Its perfectly ok. The contract is based on the requirement.
Do let me know wr the constraint is.
Regards,
Deva |
26-06-2008, 03:08 PM
| | Board Moderator | | Join Date: Sep 2007 Location: Kannur
Posts: 555
| |
You can go for fixed period contract but as regards employment there seems to be any benefit out of it. When a question of retrenchment of service or closure of organisation comes, those who are on contract will not be dealt with separately. They are also eligible for compensation etc when their services are terminated. The contract will not supersede various provisions of the Industrial Disputes Act and a contract of employment should not be to deter any right. If it is so there will not be any regular employee in any company, especially private sector company, and all will have contractual employment ' renewable on the expiry of the contract period.
Regards,
Madhu.T.K |
27-06-2008, 11:21 AM
| | | | Join Date: Feb 2008 Location: New Delhi
Posts: 15
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Surya
If the fixed term appointment is for a specific project or the requirement is for a specific period, it is legal to have fixed term employment. In case the fixed term appointment is with an intention to avoid regular employment, it would amount to unfair labour practice.
Valar |
28-06-2008, 05:55 PM
| | | | Join Date: Mar 2007 Location: india
Posts: 600
| | clarfication
this is a conventional business. tricky part is 90% staff is on contract of 4 years, though work roles are permanent by nature.
surya
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catalyst - ISO9001/ ISO27001/ EMS 14001/ OHSAS 18001/ SA8000/ COPC etc
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Cell: 9810983374
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01-07-2008, 10:55 AM
| | | | Join Date: Apr 2008
Posts: 28
| |
Hi ! All,
We are in the business of Outsourcing. All the employees are being appointed on fixed term basis. If any employee does not perform at the client side, what will be the proceedure to terminate the seravices of such employee.
Ravi Gupta |
01-07-2008, 04:37 PM
| | | | Join Date: Aug 2007 Location: Chennai
Posts: 115
| | Fixed term employment
Hi
Fixed term employment is not prohibited in any statute. Nowadays Standing Orders are certified with clause for fixed term employment. We can have temporary employees on fixed term, but they should not be paid lesser than the regular employee, who performs the same job.
You can also go through the enclosed Apex court judgment "Harmohinder Singh Vs Kharga Canteen" in which the standing orders contemplating fixed term employment was held valid and legal.
Thanks & Regards
Kalyan R |
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