#Anonymous

Can we terminate the service of a worker i.e. workman category employee working in fixed term contract for more than 1 year in regular vacant post by non renewal of contract? Please suggest as it is urgent.
From India, Bhopal

Dear friend,
What are the terms and conditions of the contract? If it is fixed term and if you do not wish to continue the contract then you may confirm him about cessation of the contract. Write a letter to him about discontinuation of the contract and what will be his last working day.
Thanks,
Dinesh Divekar
From India, Bangalore
#Anonymous
Actually we already terminated the contract through non renewal. The problem is the employee was appointed for 1 year or until regular appointment, whichever earlier in regular vacant post and for work of regular nature. Now the employee is raising an industrial dispute and claiming regularization.
From India, Bhopal
The company has made the mistake of entering into a contract which says 1 year or until regular appointment of the vacant post,
The employee prima facie is right in his stance as regular vacancy has not been filled.(presumably)
Provisions of IDAct applies to the workman-whether regular or contractual.
From India, Pune
Dear anonymous friend,
As I understand from your two posts,
1) the FTC of the then vacant regular post was meant to be for just a year or till the post happened to be filled up by a regular candidate WHICH EVER WAS -EARLIER - am I right?
2) The FTC lapsed automatically with the lapse of the one year period while the post was not filled up with a regular candidate. Therefore the FTC employee was sent out on a/c of the non-renewal of the contract. In the case of the post being not filled up by a regular candidate within the said one year, the subsisting contract comes to an automatic cessation. Hence I am quite unable to find any illegality in this.
3) Unfortunately, there is no mention in the two successive posts whether the vacancy was subsequently filled up - by any regular candidate or by another FTC employee or still kept vacant?
4) About the individual dispute raised by the erstwhile FTC employee under the IDAct,1947, whether he ultimately succeeds or not, it is his statutory right if he was a "workman"under the Act. It is for the management to resist the claim appropriately by citing the conditional termination of the FTC with any one of the earlier happening viz lapse of one year or filling up of the vacancy with a regular candidate.
From India, Salem
"It is for the management to resist the claim appropriately by citing the conditional termination of the FTC with any one of the earlier happening viz lapse of one year or filling up of the vacancy with a regular candidate."
The above suggestion by Umakantahn sir is appropriate. As the contract agreement says so.
However it is contract and since the year is over and the conditions not fulfilled except for the period, Looking at the positive side what if the contract extended for next six months with clear terms of contract with the condition of FTC.
Just a suggestion.
From India, Vadodara
Dear Friend,
The employee on contract term can be terminated as per the terms of contract or the service comes to an end on cessation of contract period or non-renewal of contract.
Now to discuss in line of Industrial Dispute:
A1: Why did the company not fill-up the vacancy of a continuous nature over a period of one year?
A2: It is to be understood that the person discharged his service satisfactorily till cessation of contact put on against vacancy of permanent nature.
A3: It is to be understood that the vacancy is still existing but not yet filled-up.
Under the above circumstances the case becomes fit for raising an industrial dispute to claim regularization on said post.
There is only option before the management to filled-up the vacancy or to declare the position does not exist (but should have a logic) or call the person on interview along with others(but other should have better competency & experience on job) .
From India, Mumbai
Dear colleague,
When the contract period under the FTC comes to an end, there is no need to terminate it by any employer action . Termination of the contract is automatic with the efflux of time. At the most a letter intimating the employee of its coming to an end is sufficient.
Regarding his raising dispute, it is his right and you will have to counter it with proper Legal action.
Regards,
Vinayak Nagarkar
HR-Consultant.
From India, Mumbai
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