28-07-2008, 01:38 PM
|  | | | Join Date: May 2008 Location: Nasik - Maharashtra
Posts: 22
| |  Appontment for fixed term
Dear Friend ,
Can we appoint employees for fixed term of one year.
Please advise.
D V Gosavi
Last edited by CHR; 30-07-2008 at 09:15 PM.
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28-07-2008, 02:39 PM
| | | | Join Date: Jun 2007 Location: Hyderabad
Posts: 72
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Hi,
I think you can appoint candidates on a contractual basis for 1 year. But i would suggest you to hire candidates through external temp staffing agencies.
Thanks |
28-07-2008, 02:44 PM
|  | | | Join Date: Mar 2008 Location: Vadodara, Gujarat
Posts: 125
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Dear Friend
"Any agreement which is enforceable by law is legal contract"
and service contract is one of the contract, which, if enforceable by law is legal..
Regards
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28-07-2008, 02:55 PM
| | | | Join Date: Apr 2007 Location: delhi
Posts: 131
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Guys,
You can appoint a person on a fixed term contract of 1 year. But Pls remember As per Contract Act any person employed with the organisation for more than 180 days is deemed to be a permanent employee. Hence try to break the contract before 180 days and again recruit him giving a gap of 5 to 7 days.....dont let the cap of 180 days cross...otherwise if challenged in the court of law HE is deemed to be a permenent employee...HOPE YOU GUYS ARE CLEAR ON THIS.......... |
28-07-2008, 03:09 PM
| | | | Join Date: Mar 2008 Location: Vadodara, Gujarat
Posts: 125
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Dear Gaggan Sahni ji,
Pls go through the below post, ur doubt will get cleared; Contract Labour
Regards
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Do the random act of Kindness and enjoy the senseless Happiness...
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30-07-2008, 12:19 PM
| | | | Join Date: Apr 2007 Location: delhi
Posts: 131
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Hi,
Thanks for the update..Firstly by mistake i mentioned that 180 days instead of 240 days....secondly judgments differ from case to case ..the court take all the aspects into consideration while giving the judgement..there have been cases where courts have recognised 240 days as moral grounds for confirmation....hence exceptions are every where....your update surely has strong point to be contested...the law permit fixed term contract and if you renew the fixed term contract on expiry it clearly means that permanent vacancy exits within the organisation and you and intentionally not filling it up ..hence on renewal one must be careful.......I have checked with my lawyer also he also says the same thing of 240 days of cap......I think we guys need to re-assess this from the current scenario..... |
30-07-2008, 12:32 PM
| | | | Join Date: Apr 2007 Location: delhi
Posts: 131
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Dear Kuljit,
Pls refer to the following link
judis.nic.in/supremecourt/qrydisp.asp?tfnm=29780 - 37k |
30-07-2008, 12:32 PM
| | | | Join Date: Apr 2007 Location: delhi
Posts: 131
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Dear Kuljit,
Pls refer to the following link
judis.nic.in/supremecourt/qrydisp.asp?tfnm=29780 - 37k
In this case Supreme |
30-07-2008, 12:32 PM
| | | | Join Date: Apr 2007 Location: delhi
Posts: 131
| |
Dear Kuljit,
Pls refer to the following link
judis.nic.in/supremecourt/qrydisp.asp?tfnm=29780 - 37k
In this case Supreme Court has directed that more than 240 days its deemed to be a permanent |
30-07-2008, 12:33 PM
| | | | Join Date: Apr 2007 Location: delhi
Posts: 131
| | 240 days Cap as per Contract Labour
Dear Kuljit,
Pls refer to the following link
judis.nic.in/supremecourt/qrydisp.asp?tfnm=29780 - 37k
In this case Supreme Court has directed that more than 240 days its deemed to be a permanent employee |
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