We are 30 employees working in the central government sector for the past 7 years on different contracts on an outsourcing basis. If a contract ends and another contractor takes over, they have the right to remove these 30 employees. Please provide the answer as soon as possible.
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Change of Contractor and Employment Status
When the contractor of a contract employee changes, it amounts to the end of employment for such an employee. The new contractor should issue a new letter of appointment or terms of service. Has this process been followed when contractors were changed? If not, then these are sham contracts.
Such a change of contractors is in name only, as there are no letters issued by the contractor (if at all). If these were sham contracts, then you can pursue a case for the abolition of contract employment and claim direct employment. You need to approach the Assistant Labour Commissioner (Central) with the written facts. In conclusion, you may state that since the contracts were sham, the ALC (Central) should issue an order for the abolition of the contract and direct the employer to add you to their muster rolls.
Yes, technically, the new contractor may choose not to continue your contract employment. It is the job of the existing contractor to terminate your contract employment, if necessary.
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274When the contractor of a contract employee changes, it amounts to the end of employment for such an employee. The new contractor should issue a new letter of appointment or terms of service. Has this process been followed when contractors were changed? If not, then these are sham contracts.
Such a change of contractors is in name only, as there are no letters issued by the contractor (if at all). If these were sham contracts, then you can pursue a case for the abolition of contract employment and claim direct employment. You need to approach the Assistant Labour Commissioner (Central) with the written facts. In conclusion, you may state that since the contracts were sham, the ALC (Central) should issue an order for the abolition of the contract and direct the employer to add you to their muster rolls.
Yes, technically, the new contractor may choose not to continue your contract employment. It is the job of the existing contractor to terminate your contract employment, if necessary.
From India, Mumbai
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf