Seniority Confusion: Should We Count Manager Level from Contract Start or Permanent Role?

Hi all,

I need suggestions on the following scenario.

A person joined my company as a Manager on a fixed-term contract on 01 Jan 2018. Before the contract ended, the company decided to absorb this person into a permanent role at the Manager level effective from 01 Jan 2020. Now, regarding his seniority at the Manager level, which date should be considered - 01 Jan 18 or 01 Jan 20?

If there are any government guidelines or case references, please mention them.

Please suggest.

The date of absorption should be January 1, 2020.

He was a contract employee earlier, and the terms of employment were different from those of a permanent employee.

Dear Saptarshi, since yours is a private enterprise and the incumbent being a manager, I am of the view that you are the ultimate judge in the matter. If the person engaged at present on an FTC basis doesn't have the managerial capabilities you expect of him, certainly you would not be inclined to take him on a regular roll during the subsistence of the contract. Therefore, you can place him on a regular cadre with retrospective effect from the date of his joining as an FTC manager by modifying the existing contract provided the service conditions are the same or similar.

Regarding his inter se seniority

You can place it at the bottom of the seniority pertaining to 2018 or even effective from Jan 1, 2020, as suggested by Mr. Rao. It all depends on your assessment of his potential to move up in the organizational hierarchy as well as the possible heartburn it can create among the existing lot of your managers. If you are a person not interested in unnecessary managerial politics in your organization, you may prefer the suggestion of Mr. Rao.

Thanks for your replies. My company is a Public Sector Undertaking. However, when I search on the internet, I find government guidelines on similar issues for direct government employees who have been absorbed after ad hoc employment like deputation. Still, I am unable to find any clear guidelines for our specific case, such as fixed-term to absorption in a permanent role and the date of seniority. Thus, interpretations are being made.

Kindly suggest accordingly because there is no point in implementing something that is legally not viable and can be challenged.

Regards,
DG

Recruitment Methods and Seniority Considerations

Had there been an explicit mention about the type of your establishment in the post, it would have been easier for us to respond appropriately. The service regulations of government employees, from initial appointment to termination of employment, are totally different from those of any public sector undertaking. Recruitment to Central Government posts is done through UPSC and Staff Selection Commission, whereas for State Government posts, it is done by the State Service Commissions. In respect of Public Sector Undertakings, we have Railway Recruitment Boards, Public Sector Enterprises Selection Board (for Top Management cadre like Chairman, M.D.), Banking Services Recruitment Board, and the like.

Main Methods of Recruitment

The main methods of recruitment are Direct Recruitment, Short-term Contract, Promotion, Re-employment, Absorption, and Deputation. When you want to absorb an FTC employee in a post earmarked for other modes like direct recruitment or promotion, first, you have to ensure whether your service regulations permit such absorption and then fix the seniority in such a manner that the promotion avenues open to the existing seniors from the original stream are not affected.