Dear citehr members,
Is there any legal obligation under any act against employer
If hires an employee with his consent for one year or 3 year or limited amount of time?
Please do not consider the case of signing bond.
Regards,
Asmita das
From India, Mumbai
33Is there any legal obligation under any act against employer
If hires an employee with his consent for one year or 3 year or limited amount of time?
Please do not consider the case of signing bond.
Regards,
Asmita das
From India, Mumbai
Dear Asmita
When ever you hire any person for one or three years only , their should an agreement between the two partiies highlighting the terms and conditions of working period clearly and also the job responsibility along with the salary details.
can never guess when the person demands or sue for permanent job or on roll.
So protect yourselves from the legal matters need to have proper Agreement or appointment , with the terms and condition of working and mention this point - Any Judicial litigation connected contract will be dealt at your local court (Name)
Hope have able to clear your views
Regards
B.Anand Kumar
From United Kingdom, London
When ever you hire any person for one or three years only , their should an agreement between the two partiies highlighting the terms and conditions of working period clearly and also the job responsibility along with the salary details.
can never guess when the person demands or sue for permanent job or on roll.
So protect yourselves from the legal matters need to have proper Agreement or appointment , with the terms and condition of working and mention this point - Any Judicial litigation connected contract will be dealt at your local court (Name)
Hope have able to clear your views
Regards
B.Anand Kumar
From United Kingdom, London
Mr. B. Anand Kumar, Thank you for your reply I want to know under which act can an employee sue the company or demand for permanent employment. Regards, Asmita
From India, Mumbai
From India, Mumbai
Hello Asmita,
I think you are NOT giving the COMPLETE details.
Pl give the full details so that any suggestions can be realistic & practical to implement--unless you do so, any suggestions can be only based on HALF-KNOWLEDGE & incomplete inputs and MOST LIKELY will boomerang.
Anand Kumar gave you some suggestions based on the premise that YOU represent the employer & you have some situation that needs resolving. What is YOUR locus-standi in this matter?
Rgds,
TS
From India, Hyderabad
I think you are NOT giving the COMPLETE details.
Pl give the full details so that any suggestions can be realistic & practical to implement--unless you do so, any suggestions can be only based on HALF-KNOWLEDGE & incomplete inputs and MOST LIKELY will boomerang.
Anand Kumar gave you some suggestions based on the premise that YOU represent the employer & you have some situation that needs resolving. What is YOUR locus-standi in this matter?
Rgds,
TS
From India, Hyderabad
A person can be employed for a specific period on a contract basis. There is no law which says that an employee specifically employed for a specific duration need to be confirmed.
From India, Chennai
From India, Chennai
I echo Satheesh, Was there any reason why the employee was not hired for a contractual position for three years ?
If it had been agree upon , right in the beginning, why does the employee needs to file a case now ? Was there any commitment offered to the employee?
From India, Mumbai
If it had been agree upon , right in the beginning, why does the employee needs to file a case now ? Was there any commitment offered to the employee?
From India, Mumbai
Hello (Cite Contribution) and TS,
This situation is not happening in real. It's just that someone asked me that " if employer employees a person for 1 year will there be any legal obligation on him "
i said
"there should be consent of the person in it". So he said "yes the person has agreed to it". So i said "then there will be no legal obligations on him".
Thank you everyone for clearing my doubt.
Regards,
Asmita
From India, Mumbai
This situation is not happening in real. It's just that someone asked me that " if employer employees a person for 1 year will there be any legal obligation on him "
i said
"there should be consent of the person in it". So he said "yes the person has agreed to it". So i said "then there will be no legal obligations on him".
Thank you everyone for clearing my doubt.
Regards,
Asmita
From India, Mumbai
Dear Asmita,
Even though it had been agreed upon, please ensure communication before the term ends to avoid every conflict.
Do offer the employee the support to find a new job and a supportive reference about his work . It would be difficult for him to explain it to interviewers and his future employers, that it was only an year's assignment. Hence as an employer, offer him all the support.
Wish you all the best!
From India, Mumbai
Even though it had been agreed upon, please ensure communication before the term ends to avoid every conflict.
Do offer the employee the support to find a new job and a supportive reference about his work . It would be difficult for him to explain it to interviewers and his future employers, that it was only an year's assignment. Hence as an employer, offer him all the support.
Wish you all the best!
From India, Mumbai
The only option you have here is a Fixed Term Contract (FTC), which will give this intention the required legal sanctity. There will be no complications and everything will be governed by the terms of FTC.
From India, Chennai
From India, Chennai
Sir
My focus here is more in this session as I am in same contract period to some construction company in a project as Admin Officer.
In my contract it is clear that I can not demand to be permanent if the post is vacate in company for my cadre.
Towards termination there is no such clear of notice period.
No pf or deduction factor is imposed.
Will you guide me whether should I get any benifit from company if terminated.
Akshay
From India, Bongaigaon
My focus here is more in this session as I am in same contract period to some construction company in a project as Admin Officer.
In my contract it is clear that I can not demand to be permanent if the post is vacate in company for my cadre.
Towards termination there is no such clear of notice period.
No pf or deduction factor is imposed.
Will you guide me whether should I get any benifit from company if terminated.
Akshay
From India, Bongaigaon
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