Outsourcing and Fixed Term Contracts: Legal Considerations
Both outsourcing and engaging employees for a fixed period with a Fixed Term Contract are illegal due to various reasons. The employees are involved in your sales function, which is a perennial role that requires full-time employees. Contract labor cannot be utilized in this function due to the high degree of personal relationships involved. The sales team directly reports to the company's key individuals, and compromise is not an option in this critical function. An outsourced individual lacks the autonomy to make decisions independently, as they are expected to work without direct supervision from company officials. Therefore, outsourcing is not a viable solution in this case.
Fixed Term Contracts: Limitations and Legal Implications
Regarding Fixed Term Contracts (FTC), a contract of employment is typically continuous unless it is for a specific project or timeframe. It may be acceptable to offer an FTC appointment to employees engaged in a time-bound project, where the contract automatically terminates upon project completion without notice or compensation. However, sales roles do not operate on a fixed-term basis and continue until the company ceases operations. Therefore, engaging a sales team on FTC is legally untenable and considered an unfair practice under the Industrial Disputes Act.
Challenges in Engaging Contractors for Core Operations
In practice, multinational corporations often engage contractors to handle core operational areas. This approach has led to discontent among the workforce, resulting in disputes, violence, and, tragically, even harm to Personnel/HR Managers who are tasked with implementing management decisions. The prevalence of FTC requirements is higher in newer companies, especially in locations where Trade Unions have significant influence.
Regards, Madhu T K