Hello
I am working under direct company payroll - Fixed Term Contract (worker category) under the State Nodal appointed Company under one year contract which is continuously renewal from year 2007 to 2016 (08 years of non interruption of service). Later on in year 2016, on the date of the contract completion company not renewed the contract and lay off the employees and after one and half month of gap period again rehire the same employees under the same one year direct company payroll Fixed Term Contract with contract terms modification and from 2016, when one contract completed they follow the same practice. In the company, same set of the regular employees are also working.
So kindly guide me on following points:-
1. Can employee claim the regularization in the company on the basis of their contract renewal from year 2007 to 2016 and continuous employment?
2. Can Management lay off the employees if any employee goes to the litigation as misconduct/disciplinary action?
3. How to claim regularization in the organization. ? Can go to the labour tribunal or direct file petition in high court? What are the legal remedies for unfair labor practices? What are the rights of employees? ?
Thanks,
Pranav Parmar
I am working under direct company payroll - Fixed Term Contract (worker category) under the State Nodal appointed Company under one year contract which is continuously renewal from year 2007 to 2016 (08 years of non interruption of service). Later on in year 2016, on the date of the contract completion company not renewed the contract and lay off the employees and after one and half month of gap period again rehire the same employees under the same one year direct company payroll Fixed Term Contract with contract terms modification and from 2016, when one contract completed they follow the same practice. In the company, same set of the regular employees are also working.
So kindly guide me on following points:-
1. Can employee claim the regularization in the company on the basis of their contract renewal from year 2007 to 2016 and continuous employment?
2. Can Management lay off the employees if any employee goes to the litigation as misconduct/disciplinary action?
3. How to claim regularization in the organization. ? Can go to the labour tribunal or direct file petition in high court? What are the legal remedies for unfair labor practices? What are the rights of employees? ?
Thanks,
Pranav Parmar