PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Industrial Relations And Labour Laws
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vikrantbiswalDear Nikhil, your statement is incomplete, please give all the details like
- Why it was temporary
- how many exact days you had worked
- What was your nature of Job etc ....
read Uma devi case judgement for a basic understanding
From India, Delhi
Madhu.T.KIf the employee was issued an appointment order stating the fixed period for which he was appointed, then he cannot demand regularisation. On the other hand, if the appointment was purely temporary and without undergoing any HR procedures connected with employment, then also he cannot demand any regularisation. Since he has worked for 240 days, he needs to be paid one month salary as notice pay and 15 days wages as retrenchment compensation and that will cover your liability as an employer.
From India, Kannur
The status of a person hired depends on the predetermined status of the post for which he is hired as well as the duration of his engagement in that post. This is the universal practice of hired employment. Indian Labor Laws both the existing ones in force and the new Labor Codes awaiting enforcement notification classify employees hired by an employer as apprentice, casual, temporary, permanent and fixed term contract employees.
An apprentice is one who is engaged under a contract of apprenticeship either under the Apprentices Act,1961 or under the Standing Orders of the establishment for the purpose of undergoing training in a particular trade or field of activity for a predetermined period.
A casual is one who is engaged for an incidental or special work lasting intermittently or a shorter duration of time.
A temporary employee is one whose services are engaged in any work of temporary nature or as a substitute in a permanent nature of job which becomes vacant due to leave of absence of the existing employee or for any other reasons.
A permanent or regular employee including a probationer is one who is appointed on a permanent post after confirmation on which he becomes a full member of the establishment.
A Fixed Term Contract Employee is one whose appointment is made on the basis of a fixed term contract of employment. After the expiration of the contract period, his services can be extended or stopped depending on the willingness of the parties to the contract.
Thus, the status of one's employment as an employee of an organization depends on the nature of his contract of service predetermined by factors like nature and purpose of work, duration of engagement etc. And I wish to reiterate that these are the underlying principles of the HR PRACTICES OF RECRUITMENT AND APPOINTMENT OF EMPLOYEES as rightly observed by our learned friend Madhu.
Of these, except Apprentices and F.T.C Employees, regularisation of service is not solely dependent on the factor of completion of continuous service i. e., 240 days in a period of preceding 12 months period. You will agree with me that one can be employed temporarily ie with occasional breaks necessitated by the exigencies of work on a temporary job or on a permanent job so as to enable him to complete the above mentioned 240 days service which is defined as " continuous service " u/s 25-B of the present Industrial Disputes Act, 1947. This would, in turn, entitle him to notice and compensation for retrenchment u/s 25-F of the IDA,1947 only in case of denial of employment but not regularisation unless he is able to prove that it is an unfair labor practice mentioned under Schedule V of the IDA,1947 adopted by his employer so as to deny the benefits of a permanent employee.
Here, I would also like to highlight that on completion of 240 days of service in an establishment, one becomes eligible to get invariably all the employment benefits subject to the fulfillment of statutory conditions attached to each. That's the reason that almost all the Labor Laws of India do not distinguish between employees as temporary or permanent.
From India, Salem