Claiming permanency is a different topic. But an employee under FTC will exercise all rights as given in the ID Act in respect of lay off compensation, retrenchment benefits, compensation in case of closure etc, provided he has worked at least for 240 days immediately preceding 12 months of such lay off, retrenchment or closure, as the case may be and the period of expiry is yet to take place. That means, he will not be entitled to these rights if the closure or retrenchment takes place on a date on which he is suppose to complete his prefixed date of expiry of contract.
At the same time, being permanent in job has a different interpretation in labour law. That is, an employee who is engaged in a job of permanent nature or which is not temporary in nature is said to be a permanent employee. Therefore, a fitter or welder in an automobile unit is doing some permanent job. Similarly, a Chef or Steward in a Hotel is also engaged in a permanent job, whereas, a worker who does painting the walls of a factory or hotel or one who attends some maintenance work which the maintenance mechanic of the company can not do due to the nature of work involved is not doing a work of permanent nature. The latter is a temporary employee. When a worker engaged in a permanent job satisfies the basic requirements of 240 days or such other parameters fixed by the management and as provided in the Standing Orders of the company, he will become a confirmed employee.
Regards,
Madhu.T.K