Can A Contractor's Employee Claim For Permanent Employment ?

smita.joshi
Dear Kamal Sir,
Please let me know is it required to show a service Discontinuation of few days between 2 contract, if the employee you are hiring is on contract basis and on principal employer’s roll.
If we do not show any gap between 2 contracts, can employee claim a permanency with the principal employer ?
Kindly guide me with regards to this; we are a school working under CBSE by-law.
Thanks
ashutosh.pattanaik1@gmail.com
Dear Sir,
I am working as Data Entry Operator under Health Deptt. since last 4 years on outsourcing. So should I claim any regularity of my current job or any other job under Health Deptt.Plz guide me in this regard.
kprasoon
Dear Smita,
No need to give a gap between two contract period. One imp point is ...such contract employee will be eligible for all statutory benefits.
The service of a contract employee (period specific) will end as per the contract period ad they can not claim permanent employment.
rgds,
KP
Sir i am working as pcp (pitty cash payment) for 19years on forear department but now 4 year i got my name on that can i demad permenent please tell me sir
rakesh khurana
D/sir, i am working as accounts supervisor in a milk plant in city sirsa, state haryana since 01-09-1999 to till continue on contract through various contractors. every year contractor has been changed, new contractor come through tender, but our services till continue . My job work is just like same as regular employee doing that and also we sing same documents as regular employee did that .In this milk plant nearby 70 regular post vacant now. Now we have only 48 regular employees and more than 300 workers on contractual worker through various contractor since last 18 years. We are 30 to 40 works who are continuous working from last 15 years or just more than that. I also read a verdict of supreme court against steel authority of india and contractual staff just like same we are. The supreme court regularise 112 contractual staff. So please guide us whether we claim regular services from our principal employer or not..
deven_danidhariya@yahoo.com
Sir,
I am and many more employee in saurashtra university (Gujarat) on contractbase employee for many years.Plese do something and guideline to us.
Akashhoney
I was working in a PSU organisation on contract from 2003 to 2016. Initially my contract term was of 3 months duration but it got renewed/extended to 6 months duration with breaks. I was awarded the contract by principal employer and not through contractor from 2003-2012. I used to get consolidated salary and entitled for 1 casual leave per month only. No other benefits were admissible. I was supervised by the director and other officials of the department, which was mentioned in the contract. The work carried out by me was perennial in nature. Efforts were made to create a permanent post for me but matter is still pending due to the negligence of the department. In the year 2013, i was put through a contractor without any information to me, though my job profile remained same. In 2016 my employer told me that they cannot renew my contract and I am jobless now. They have also hired another person in my place through contactor. There are few more important things/ documents regarding my case which I can't post here. I really need guidance on this. I would be grateful if I could have your email Id for seeking further guidance. Sir, age wise also I'm not eligible for government job. Please let me know whether I can claims for the permanent job/ absorption.
C LALFELA
I am also working in Mizoram University (a central university) from 1st Sept. 2001 - 13.11.2011 on contract bases. From 1st Sept,2001 - April,2005 without break; after that our contract period was 3 months and 2 or 3 days break and continued like that up to 13th Nov. 2011. And 14th Nov. 2011 I regularized through proper channel. Should I claimed all these 10 years of contract period for qualifying service ?
korgaonkar k a
Dear C LALFELA ji,
The breaks given to you by your employer are artificial one. The nature of your employment is permanent one but still your employer had with you fixed term contracts from time to time with some breaks in between. The intention of your employer is very clear as to you should be prevented from claiming certain benefits.
Your employer is engaged in unfair labour practice.
It seems, you worked for 240 days every year. Moreover, the breaks in your service are not due to any fault of you and therefore, there is no question of denying you the payment of gratuity. However, gratuity is payable to you on cessation of your employment and not before and that will be benefiting you. Your service years from Sept 2001 to Nov 2011 should be added to your service account. You may have to make a case for gratuity that time.
Devashish Verma
Dear sir,
I have been working kolkata corporation since 2001. There are 340 workers deployed through contractor in kolkata corporation. Contractor has not registered us under P.F and ESI scheme till date. Principal Employer is totally silent in this matter. We are deprived for having our due P.F and ESI.
In this case, we want to know that what is the responsibility of Contractor and Principal Employer? Is any law protect us?
Thanks
Waiting for your valuable advice.
Regards
Devashish Verma
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