Related To Contract With Company(on Contract Job)

Dear Seniors,
I am working with limited company on contract(company's own contract) since last 2 years. Contract not containing any thing regarding leaves i.e. no leaves enjoy by us even it is company's own contract. So if we take leave, there is a deduction from the salary. Appraisal is also not happened even it is mention in contract that it will done time to time. No other perks are added like pf, ESE, LTC etc...
Is there any clause regarding these - especially for appraisal and leaves matter ?
What can we do for this? I know to left the job is an easy solution but I want that it will not happen for future employees.
Awaiting for reply,
Regards,
Mahesh

see the contractual terms formally or infomally between the employer and contractor and read carefully..
There must be clause of permanant employee if you service for some tenure and insist the employer on this.
- Sudheer
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I believe that yours is a small organisation and is not having a certified standing order. If the company's Standing Orders permit they can have fixed term appointments. But in no case such employees shall be deprived of the benefits like ESI and Provident Fund. It is by luck that ESI and EPF authorities have not made observation that you people are not covered. You can bring it to the notice of PF and ESI authorities so that you can also get covered by the social security schemes of ESI and EPF.

Regarding leaves the statutory leaves as provided in the Factories Act/ Shops and Commercial Establishments Act/ Plantations Labour Act/ Mine Act, as the case may be, are mandatory leaves which should be given to all employees.

With regard to performance appraisals the law is silent and I do not think that there is any law which governs or make it obligatory either on the part of employer or employee to get appraised. Therefore, if the management desires that only confirmed staff need to be appraised for their performance, it is okay.

Regards,

Madhu.T.K

Respected Madhuji,
We are in education industry and it is a listed company. Initialy we had open contract now it is close contract. We are on company's own one year contract and every year new contract made i.e only date change other things remain same. Company giving us amount of money in terms of RETAINERSHIP FEES not as salary.
Is there any clause underwhich we can ask them regarding on-roll, leaves and other perks.
Regards,
Mahesh

Retainer fees is paid for specialised services such as services of advocates, Chartered Accountants and similar consultants. But if the nature of the duties allows to understand that they are regularly employed but the name given to remuneration for the services has been fixed as retainer fees, there is every chance that you will be considered as employees and not consultants. However, standing rules of the University to which you are affiliated may have a direct say in this matter. Therefore, please check with it also.
Regards,
Madhu.T.K