Dear All, is a temporary employee who has been recruited for a fixed period of less than 240 days (after which he can claim regularization) the same as a fixed-term employee under the new labor codes?
From India, Hyderabad
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From India, Hyderabad
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Regularization of Temporary Employees
If the employee was issued an appointment order stating the fixed period for which he was appointed, then he cannot demand regularization. On the other hand, if the appointment was purely temporary and without undergoing any HR procedures connected with employment, then also he cannot demand any regularization. Since he has worked for 240 days, he needs to be paid one month's salary as notice pay and 15 days' wages as retrenchment compensation, and that will cover your liability as an employer.
From India, Kannur
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4526If the employee was issued an appointment order stating the fixed period for which he was appointed, then he cannot demand regularization. On the other hand, if the appointment was purely temporary and without undergoing any HR procedures connected with employment, then also he cannot demand any regularization. Since he has worked for 240 days, he needs to be paid one month's salary as notice pay and 15 days' wages as retrenchment compensation, and that will cover your liability as an employer.
From India, Kannur
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Dear Nikhil,
The status of a person hired depends on the predetermined status of the post for which they are hired as well as the duration of their engagement in that post. This is the universal practice of hired employment. Indian Labor Laws, both the existing ones in force and the new Labor Codes awaiting enforcement notification, classify employees hired by an employer as apprentices, casual, temporary, permanent, and fixed-term contract employees.
Apprentices
An apprentice is one who is engaged under a contract of apprenticeship either under the Apprentices Act, 1961, or under the Standing Orders of the establishment for the purpose of undergoing training in a particular trade or field of activity for a predetermined period.
Casual Employees
A casual employee is one who is engaged for incidental or special work lasting intermittently or for a shorter duration of time.
Temporary Employees
A temporary employee is one whose services are engaged in any work of a temporary nature or as a substitute in a permanent nature of a job which becomes vacant due to the leave of absence of the existing employee or for any other reasons.
Permanent or Regular Employees
A permanent or regular employee, including a probationer, is one who is appointed to a permanent post after confirmation on which they become a full member of the establishment.
Fixed-Term Contract Employees
A Fixed-Term Contract Employee is one whose appointment is made on the basis of a fixed-term contract of employment. After the expiration of the contract period, their services can be extended or stopped depending on the willingness of the parties to the contract.
The status of one's employment as an employee of an organization depends on the nature of their contract of service predetermined by factors like the nature and purpose of work, duration of engagement, etc. I wish to reiterate that these are the underlying principles of the HR practices of recruitment and appointment of employees, as rightly observed by our learned friend Madhu.
Of these, except for Apprentices and FTC Employees, regularization of service is not solely dependent on the factor of completion of continuous service, i.e., 240 days in a preceding 12-month period. One can be employed temporarily, i.e., with occasional breaks necessitated by the exigencies of work on a temporary job or on a permanent job to enable them to complete the above-mentioned 240 days of service, which is defined as "continuous service" under section 25-B of the present Industrial Disputes Act, 1947. This would, in turn, entitle them to notice and compensation for retrenchment under section 25-F of the IDA, 1947 only in case of denial of employment but not regularization unless they can prove that it is an unfair labor practice mentioned under Schedule V of the IDA, 1947 adopted by their employer to deny the benefits of a permanent employee.
I would also like to highlight that on completion of 240 days of service in an establishment, one becomes eligible to get all the employment benefits subject to the fulfillment of statutory conditions attached to each. That's the reason that almost all the Labor Laws of India do not distinguish between employees as temporary or permanent.
From India, Salem
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The status of a person hired depends on the predetermined status of the post for which they are hired as well as the duration of their engagement in that post. This is the universal practice of hired employment. Indian Labor Laws, both the existing ones in force and the new Labor Codes awaiting enforcement notification, classify employees hired by an employer as apprentices, casual, temporary, permanent, and fixed-term contract employees.
Apprentices
An apprentice is one who is engaged under a contract of apprenticeship either under the Apprentices Act, 1961, or under the Standing Orders of the establishment for the purpose of undergoing training in a particular trade or field of activity for a predetermined period.
Casual Employees
A casual employee is one who is engaged for incidental or special work lasting intermittently or for a shorter duration of time.
Temporary Employees
A temporary employee is one whose services are engaged in any work of a temporary nature or as a substitute in a permanent nature of a job which becomes vacant due to the leave of absence of the existing employee or for any other reasons.
Permanent or Regular Employees
A permanent or regular employee, including a probationer, is one who is appointed to a permanent post after confirmation on which they become a full member of the establishment.
Fixed-Term Contract Employees
A Fixed-Term Contract Employee is one whose appointment is made on the basis of a fixed-term contract of employment. After the expiration of the contract period, their services can be extended or stopped depending on the willingness of the parties to the contract.
The status of one's employment as an employee of an organization depends on the nature of their contract of service predetermined by factors like the nature and purpose of work, duration of engagement, etc. I wish to reiterate that these are the underlying principles of the HR practices of recruitment and appointment of employees, as rightly observed by our learned friend Madhu.
Of these, except for Apprentices and FTC Employees, regularization of service is not solely dependent on the factor of completion of continuous service, i.e., 240 days in a preceding 12-month period. One can be employed temporarily, i.e., with occasional breaks necessitated by the exigencies of work on a temporary job or on a permanent job to enable them to complete the above-mentioned 240 days of service, which is defined as "continuous service" under section 25-B of the present Industrial Disputes Act, 1947. This would, in turn, entitle them to notice and compensation for retrenchment under section 25-F of the IDA, 1947 only in case of denial of employment but not regularization unless they can prove that it is an unfair labor practice mentioned under Schedule V of the IDA, 1947 adopted by their employer to deny the benefits of a permanent employee.
I would also like to highlight that on completion of 240 days of service in an establishment, one becomes eligible to get all the employment benefits subject to the fulfillment of statutory conditions attached to each. That's the reason that almost all the Labor Laws of India do not distinguish between employees as temporary or permanent.
From India, Salem
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Amended Labor Laws.doc
Labor Laws Modified.pdf