I am working in a construction company, and our company appointed a supervisor for a period of 3 years on a contract basis. After the completion of the contract, his service was terminated. However, the supervisor claimed that he was entitled to a permanent position and threatened to file a case in the high court if his demand was not met.
Please advise me on the legal procedures involved in this situation and what the final resolution should be.
Thank you.
From India, New Delhi
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4Please advise me on the legal procedures involved in this situation and what the final resolution should be.
Thank you.
From India, New Delhi
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Kindly review your Agreement Terms & Conditions. If it clearly indicates the employment clause, then you are safe. If it is not there, you can address it as a Breach of Contract and Breach of Trust. The law is always subject to interpretation based on how you perceive it.
Thanks & Regards,
B. RAVIMURUGAN
Sr. HR & Legal Professional.
From India, Madras
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Thanks & Regards,
B. RAVIMURUGAN
Sr. HR & Legal Professional.
From India, Madras
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Until and unless we know the terms and conditions of employment, we may not be able to comment on the same. If the appointment letter states that the employment is purely on a contractual basis, with no regularization of employment and closure upon completion of 3 years, then he doesn't have any right to claim permanency. Please terminate his contract, complete the settlement process, and if he wishes to go to court, let him proceed. Your company may also have a company lawyer; please discuss with them. If not, find a lawyer, consult, and proceed. All activities should be carried out with clear information and confirmation from top management.
If the document regarding his contract employment is clear, you need not worry. The entire case depends on the contract employment letter and its terms and conditions.
Regards,
Kamesh
From India, Hyderabad
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If the document regarding his contract employment is clear, you need not worry. The entire case depends on the contract employment letter and its terms and conditions.
Regards,
Kamesh
From India, Hyderabad
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Steps to Handle Termination and Legal Threats
First, discontinue or terminate him. If he is not ready to take his final settlement, get a Demand Draft and send it through Registered Post with acknowledgment due. If he returns it, file it without opening. If he goes to court, you should identify a lawyer and continue because it may take a decade or more for the issue to be resolved. Deploy a highly professional lawyer because no matter how correct you may be, the success depends on the lawyer who represents the company in court.
Regards,
Kamesh
From India, Hyderabad
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First, discontinue or terminate him. If he is not ready to take his final settlement, get a Demand Draft and send it through Registered Post with acknowledgment due. If he returns it, file it without opening. If he goes to court, you should identify a lawyer and continue because it may take a decade or more for the issue to be resolved. Deploy a highly professional lawyer because no matter how correct you may be, the success depends on the lawyer who represents the company in court.
Regards,
Kamesh
From India, Hyderabad
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf