Union Pressure to Make Temp Staff Permanent: How Should Our Hospital Respond?

In my hospital, there are 10 temporary staff, i.e., hired staff from an agency. We already have 15 permanent staff. As and when necessary, we hire the temporary staff. What should we do when the union is asking us to make the temporary staff permanent? It is an extra financial burden for us.

Temporary Employment Status Notification

Please be informed that there are currently no permanent vacancies available. Your engagement with us is specifically for a temporary increase in workload. Therefore, there is no basis for considering a permanent position at this time. You have been engaged for a fixed tenure, and upon the expiry of this period, your services will be discontinued.

Thank you.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

First of all, go through the requirements. Are you engaging with them regularly? If that position is perennial in nature, then you have to think about the deployment.

In the case of some jobs, it is allowed to deploy people on a temporary or contract basis, for example, security, gardening, loading, and unloading. If your deployment is perennial and in core areas, then there is a possibility of regularization.

If you are deploying workers to meet additional loads and exigencies for a limited time, then there is no question of regularization.

Regards,
Kamesh

I observe now that you are hiring persons for a temporary period from an agency, which is a contractor within the meaning of the Contract Labour Act 1970. If the agency is a licensed contractor, the persons hired from such an agency will be treated as those of the contractor but not of your establishment. Thus, once the need for hiring them is over, the contract can be dispensed with. Yes, as Mr. Kamesh said, exercise care not to engage them perennially or in core activities.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai