Anonymous
Can a Fixed-term employee claim for regularisation as a permanent employee in any Govt PSU if he/she worked with govt. PSU for longer duration say 9 to 10 years. Also if he gets all the benefits like PF/HRA/DA/Gratuity etc.
From India, New Delhi

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rkn61
462

A Fixed term employee is as good as a permanent employee. Fixed term employee will get all benefits - including statutory- which are given to permanent employee.
From India, Aizawl
KK!HR
1095

A fixed term employee has no case for regularisation. The Fixed Term Appointments, as the term indicates is for a definite period and there is no claim for permanent employee. Regularisation of such employees is looked down by the Supreme Court as it is against Article 14, 16 etc as other interested candidates for regular service could not apply and were not considered. These are known as backdoor appointments and decried. (Ref: Secretary, State Of Karnataka And Another vs Umadevi And Others decided on 10 April, 2006)
From India, Mumbai
Thank u sir for the valuable feed back. I have another query that does this judgement give liberty to companies to exploit peoples by keeping people on fixed term basis and taking benifit of them by posing threat to them that there tenure will not reviewed if they have not done as per there wish. What is the limit exploitation.
From India, New Delhi
KK!HR
1095

There is no limit of tenure fixed by law for FTA. In deed the FTA is being seen as a new solution to the unemployment problem by affording the employers more flexibility in recruiting additional labour. Yes, this is exploitative and many a employer will resort to unethical practices under the cover of FTA.
From India, Mumbai
Employment for Fixed Term should be allowed only for such cases where the work is purely temporary. Though the recent amendment to Standing Order Act permits such appointments across all industries, employing someone indefinitely for such a long period of 9 years can be questioned. It is true that on termination of employment due to non renewal of contract for any further period, the employee will get gratuity for the years of service, the issue is not with benefits but with the social status and the mental status the employee enjoys when he is on FTC or on permanent rolls. Obviously, an employee under a contract for a few years though renewable at the end of every year will not get a loan from a bank nor will not get a status equal to any other employee of that PSU. While amending the Standing Order Act the government has said that all social security measures available to other permanent employees will be available to FTC employees, it is a fact that it is only an arrangement to make the employers more flexible in hiring and firing. If an FTE challenges a decision of the employer, he will not get the term extended any more and he will have to leave the premises and nobody can back him nor can challenge his termination before any authority. But if he comes under the purview of ID Act, he can challenge the act of employing him for fixed terms as unfair practice.
From India, Kannur

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