Contract labour wanting to be a permanent labour ? How to handle it ?
From India, Kolkata
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2From India, Kolkata
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Generally, it is at the discretion of the management whether to regularize the contract labor on the payroll or not. You have not mentioned whether they are being deployed through any contractor or if they are working directly in your company on a contract basis.
Contractor's Employees
In the first case, they can't claim to be permanent because they are the contractor's employees. Make sure the terms are clearly stated in the agreement: "Every personnel of 'contractor' shall continue to be an employee of 'contractor,' and none of the personnel of 'contractor' shall have any claim or right of any nature against PE." Additionally, the contractor should have issued an appointment letter regarding the employment, etc.
Direct Contract Employees
In the second case (directly working on a contract basis), if the service period has been continuous for a long time (without any breaks) and they are receiving remuneration similar to permanent employees, they can claim to be permanent employees.
You need to carefully review the documents involved and consult with a lawyer on the matter.
I hope this information will assist you in handling the case; senior members can provide further focus on the issue.
Regards
From India, Delhi
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Contractor's Employees
In the first case, they can't claim to be permanent because they are the contractor's employees. Make sure the terms are clearly stated in the agreement: "Every personnel of 'contractor' shall continue to be an employee of 'contractor,' and none of the personnel of 'contractor' shall have any claim or right of any nature against PE." Additionally, the contractor should have issued an appointment letter regarding the employment, etc.
Direct Contract Employees
In the second case (directly working on a contract basis), if the service period has been continuous for a long time (without any breaks) and they are receiving remuneration similar to permanent employees, they can claim to be permanent employees.
You need to carefully review the documents involved and consult with a lawyer on the matter.
I hope this information will assist you in handling the case; senior members can provide further focus on the issue.
Regards
From India, Delhi
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Potential Problems with Contract Employees Seeking Permanency
You are facing a potential problem that requires careful thinking and planning. Every contract employee naturally wants to become permanent. If you don't accept their request, you may encounter industrial relation issues, and if you do, you will face increased headcount and liabilities.
Factors Determining Eligibility for Permanent Status
Whether contract employees are eligible for permanent status depends on certain factors:
- Are you using them for core production?
- Are you using them for perennial jobs?
- Are they performing work that permanent employees are doing?
- Do you have direct supervision and control over the contract workers?
Contract workers don't automatically become permanent employees but can approach the labor court to seek permanency. This can be based on the grounds mentioned above or if they can demonstrate that the contract is a sham or fraud designed primarily to avoid paying fair wages and benefits.
From India, Mumbai
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You are facing a potential problem that requires careful thinking and planning. Every contract employee naturally wants to become permanent. If you don't accept their request, you may encounter industrial relation issues, and if you do, you will face increased headcount and liabilities.
Factors Determining Eligibility for Permanent Status
Whether contract employees are eligible for permanent status depends on certain factors:
- Are you using them for core production?
- Are you using them for perennial jobs?
- Are they performing work that permanent employees are doing?
- Do you have direct supervision and control over the contract workers?
Contract workers don't automatically become permanent employees but can approach the labor court to seek permanency. This can be based on the grounds mentioned above or if they can demonstrate that the contract is a sham or fraud designed primarily to avoid paying fair wages and benefits.
From India, Mumbai
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I am sorry to say that I have not understood your query regarding "Contract labour wanting to be a permanent labour? How to handle it?" Please furnish the following information:
1. Whether the contract labour has been pressing you to become permanent or if the employer is willing to absorb them as permanent labour?
2. Whether the contract labour is employed by the contractor or if the owner of the company is engaging them directly?
3. How long they have been working with you and whether they have been working in permanent nature of jobs?
4. Whether the contract labour has been doing the same job/work that permanent workers are performing?
Regards, BS Kalsi
From India, Mumbai
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1. Whether the contract labour has been pressing you to become permanent or if the employer is willing to absorb them as permanent labour?
2. Whether the contract labour is employed by the contractor or if the owner of the company is engaging them directly?
3. How long they have been working with you and whether they have been working in permanent nature of jobs?
4. Whether the contract labour has been doing the same job/work that permanent workers are performing?
Regards, BS Kalsi
From India, Mumbai
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf