Hello
I am working under direct company payroll - Fixed Term Contract (worker category) under the State Nodal appointed Company under one year contract which is continuously renewal from year 2007 to 2016 (08 years of non interruption of service). Later on in year 2016, on the date of the contract completion company not renewed the contract and lay off the employees and after one and half month of gap period again rehire the same employees under the same one year direct company payroll Fixed Term Contract with contract terms modification and from 2016, when one contract completed they follow the same practice. In the company, same set of the regular employees are also working.
So kindly guide me on following points:-
1. Can employee claim the regularization in the company on the basis of their contract renewal from year 2007 to 2016 and continuous employment?
2. Can Management lay off the employees if any employee goes to the litigation as misconduct/disciplinary action?
3. How to claim regularization in the organization. ? Can go to the labour tribunal or direct file petition in high court? What are the legal remedies for unfair labor practices? What are the rights of employees? ?
Thanks,
Pranav Parmar

From India, Nashik
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
KK!HR
Management Consultancy

KK!HR
1289

Your queries are answered below
From the data given in the query, there are two separate periods of appointment, first from 2007 to 2016 and then from 2016 onwards with a break of 1.5 months in between. As a result there is no continuity between them.
Now as regards the appointment, they are fixed term appointment for a duration of one year. So for every appointment made, there is a end date as well, so it doesn't survive thereafter. (It is necessary to see the appointment order issued every time to see the real implications) As per the definition of the term "retrenchment" as per Section 2 (oo) of the ID Act 1947, termination of service as per Fixed Term Appointment will not be retrenchment. So the Labour Court will not be of much use.
In case you are working with any Government organisation or PSU a writ petition can lie and the chances of a favourable verdict are high.
Management cannot take disciplinary action for filing court case but they may use some other misconduct to take action. This depends on how the authorities concerned take it.
It appears to be a better choice to raise a dispute in the matter with the help of union and let the union fight the matter instead of filing individual case by the employees in particular. Try for a mutual settlement, the process will be fast and satisfying.

From India, Mumbai

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