I am presently employed on a contract basis with an appropriate pay structure (not on consolidated pay) in a center fully funded by XXX. My selection was through advertisement and based on merit. I was directly appointed by the center initially for a period of three years and then extended for a further two and five years without any break in service. I have completed 10 years of service in the center from the date of my appointment, and now the tenure has been further extended for a period of five years on a contract without any break in service. There are a few more employees like me in the center.
On completion of 10 years of service, my pay has also been revised under MACP. However, the center is yet to confirm/declare my probation. I was regularly submitting my Annual Assessment report, and I was always assessed as Good. Like permanent employees, a separate service book is also maintained for me by the center.
Sir, am I eligible for a permanent position in the center? I'm worried they may expel me from my position without assigning any reason as I've been on a contract for the past 10 years. Sir, can you please guide me and my colleagues on what rules we can claim/get the permanent position in the center?
Thank you, Sir.
From India, Coimbatore
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On completion of 10 years of service, my pay has also been revised under MACP. However, the center is yet to confirm/declare my probation. I was regularly submitting my Annual Assessment report, and I was always assessed as Good. Like permanent employees, a separate service book is also maintained for me by the center.
Sir, am I eligible for a permanent position in the center? I'm worried they may expel me from my position without assigning any reason as I've been on a contract for the past 10 years. Sir, can you please guide me and my colleagues on what rules we can claim/get the permanent position in the center?
Thank you, Sir.
From India, Coimbatore
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Clarification on Contractual Employment and Regularization
The terms "MACP," "Annual Assessment Report," and "Service Book" are applicable only to regular and permanent employees of public service. In my opinion, if your contractor is maintaining or preparing such records at their own level, they have no legal value. The Contract Labour Act does not provide for the automatic regularization of services for individuals engaged on a contract basis.
As per the Honorable Supreme Court Judgment in the case of State of Karnataka & Others vs. Uma Devi & Others (2006), only persons employed through the proper procedure based on recruitment rules of the relevant post are entitled to appointment in said public service.
If desired, you can discuss the issue with the appropriate authority of the unit where you are working and ask for the status of your employment.
Regards
From India, Noida
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944The terms "MACP," "Annual Assessment Report," and "Service Book" are applicable only to regular and permanent employees of public service. In my opinion, if your contractor is maintaining or preparing such records at their own level, they have no legal value. The Contract Labour Act does not provide for the automatic regularization of services for individuals engaged on a contract basis.
As per the Honorable Supreme Court Judgment in the case of State of Karnataka & Others vs. Uma Devi & Others (2006), only persons employed through the proper procedure based on recruitment rules of the relevant post are entitled to appointment in said public service.
If desired, you can discuss the issue with the appropriate authority of the unit where you are working and ask for the status of your employment.
Regards
From India, Noida
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Contract employee & Principal employer 2017.pdf
EMPLOYEE CONTRACT.docx