How Is Temporary Staffing Different From Permanent Staffing Legally ?

optimistymail@ymail.com
what is diffrent between temp and perm staffing?
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Greetings,

Are you intending to understand this from a theoritical stand point ? Or do you need to implement this in your organization?

Figuratively , Temporary or contractual staffing is a short term based assignment , for which a talent is hired. This kind of a hiring decreases the liability of an organization , as these assignment may not include all the benefits which the organization may offer its full time employees. More importantly , since these staffing are for a shorter duration these are primarily outsourced on a vendor payroll . This makes the transition of the talent post assignment hassle free to the organization.

Whereas permanent staffing includes the Full Time employees who are hired for roles which are likely to work for a much longer duration. These employees are on the payroll of the company , liable to every benefit offered by the company and generally follow the '58 years slab' for retirement. The legal requirements to this role needs to be clearly understood as many roles are 'Employment -at-will' .

Please study beyond these initial definitions. You would find some document on this topic in the link attached. Please do use the research tab to read more.

Regards,
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bunti
yes really agreed witn mam she rightly said both are work for organisation but to avoid direct liability of employer & benefits ,short time employ,to avoid legally benefits of workman......thanks n.mam........regards
kprasoon
Permanent staffing / Temporary staffing / Full time employment / Part time employment all have diffferent meaning. Even in some cases its industry specific also.

From legal point of view the major difference between Permanent staffing and Temporary staffing is... in case of permanent staffing there is no fixed employment period (length of employment) in the employment contract, only age of retirement is mentioned whereas in case of Temproray staffing there is always a specified employment period (length of employment) in the employment contract.

As far as benefits are concerned almost all benefits are applicable for temprorary staffs as permanent staffs.

Earlier most of the labor regulations were directed towards permanent employment, but now stiuation has changed a lot.

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Just want to share.... recently i was going through a document on Labor Regulation and Employment in India’s Retail Stores

According to which :

Permanent employees are defined as all paid employees that are contracted for a term of one or more fiscal year and/or have a guaranteed renewal of their employment contract and that work 8 or more hours per day.

Temporary workers are defined as all paid short-term (less than a fiscal year) employees with no guarantee of renewal of employment contract and that work 8 or more hours per day

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Regards,

Kamal Prasoon
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Greetings,
Thankyou for the input. Please share more about the legal specifications on these terminologies . I am sure you had faced many challenges while dealing them. Please share your experience on what you faced and how did you handle it .
I look forward to read your words.
Regards,
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sourabh77
Hi All,
I found this link on the web, this is a book by Mohammad Amin and I was not sure whether I could upload the pdf on this site legally so please follow this link to download this book
"Labor Regulation and
Employment in India’s
Retail Stores " by Mohammad Amin June 2008

http://siteresources.worldbank.org/S...et-DP/0816.pdf
Hope it will be of some use.
regards
Sourabh
rajanassociates
Dear

Legal definition is found in SCHEDULE I of [MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS which provides the following

2. Classification of workmen.--(a) Workmen shall be classified as --
(1) permanent,
(2) Probationers,
(3) badlis,
(4) temporary,
(5) casual,
(6) apprentices.

(b) A “permanent workman” is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment.

(c) A “probationer” is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months’ service therein. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of three months, be reverted to his old permanent post.
(d) A “badli” is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent.
(e) A “temporary workman” is a workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.
(f) A “casual workman” is a workman whose employment is of a casual nature.
(g) An “apprentice” is a learner who is paid an allowance during the period of his training.

In establishments (d) above is not in vogue whereas the other are .

rajanassociates

Pls see https://www.citehr.com/285737-legal-...-industry.html
abedeen7
Dear All,
Thanks for your valuable suggestion.
In our organization we hire temparary employee for short duration for specific task and they are on our roll. They enjoy the same benefits as others.
Also many employees are outsorced it depend upon the nature of the job as we have only executives and above.
For any clarification we may refer Standing order.
Regard's
Shaikh
kprasoon
Sure....i would love to share my my experience where the matter went to the court and the court did not agree with the old definitions of these employment contract.
regards,
Kamal P
rajanassociates
Dear
Waiting for the experience when the court did not agree with the old definitions of these employment contract.
rajanassociates
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