Dear Seniors
With due respect I wish draw your attention and seek your valuable views and suggestions to one of the practice of hiring employees on contract basis. The employers draft the terms and conditions according to their preference and convictions. One of the conditions is about renewal/termination of contract which may be described as under:
\"The contract would come to an automatic end on the date of expiry of the period of appointment unless otherwise informed in advance. \"
I seek advice of all seniors and counterpart members whether it would be necessary to give any notice at the time when contract is going to end, or there is no necessity to give any notice as the condition states that \"contract would come to an automatic end unless otherwise informed in advance. Secondly whether the provisions of Shop & Establishment Act would apply here for serving a notice in case of non renewal of contract i.e. automatic end of contract. Thirdly whether compensation would be payable under Shop & Establishment Act. And fourthly whether the provisions would also apply to persons re-employed after superannuation.
Secondly if renewal is to be informed, then how many days in advance the written information is to be given.
I will be immensely obliged, grateful and indebted for your worthy views, opinions and suggestions.
Thanking you.
Looking forward to your guiding support and cooperation.
Chandra Mani Lal
From India, New Delhi
125With due respect I wish draw your attention and seek your valuable views and suggestions to one of the practice of hiring employees on contract basis. The employers draft the terms and conditions according to their preference and convictions. One of the conditions is about renewal/termination of contract which may be described as under:
\"The contract would come to an automatic end on the date of expiry of the period of appointment unless otherwise informed in advance. \"
I seek advice of all seniors and counterpart members whether it would be necessary to give any notice at the time when contract is going to end, or there is no necessity to give any notice as the condition states that \"contract would come to an automatic end unless otherwise informed in advance. Secondly whether the provisions of Shop & Establishment Act would apply here for serving a notice in case of non renewal of contract i.e. automatic end of contract. Thirdly whether compensation would be payable under Shop & Establishment Act. And fourthly whether the provisions would also apply to persons re-employed after superannuation.
Secondly if renewal is to be informed, then how many days in advance the written information is to be given.
I will be immensely obliged, grateful and indebted for your worthy views, opinions and suggestions.
Thanking you.
Looking forward to your guiding support and cooperation.
Chandra Mani Lal
From India, New Delhi
Dear Chandra Mani Lal,
You have not written whether you are contract employee or employer nevertheless, from the contents of the post, it appears that you are a contract employee and not employer.
If your contract employment is about to end then you may put up application asking for extension. Your application will clarity on the continuity of the contract employment. If your employer wishes to discontinue then they may intimate you accordingly and you will be free to search another job.
If the employer has issued you the appointment letter then employer-employee relationship falls within the purview of Shops and Establishment Act, whether you are contract employee or regular employee.
Your status of superannuated employee does not come in the way of contract act or shops and establishment act. The employers awarded this contract notwithstanding your superannuated status. If you are above 58, then there will not be PF deductions.
Hope your doubts are settled.
Dinesh V Divekar
Bangalore - 560092
From India, Bangalore
You have not written whether you are contract employee or employer nevertheless, from the contents of the post, it appears that you are a contract employee and not employer.
If your contract employment is about to end then you may put up application asking for extension. Your application will clarity on the continuity of the contract employment. If your employer wishes to discontinue then they may intimate you accordingly and you will be free to search another job.
If the employer has issued you the appointment letter then employer-employee relationship falls within the purview of Shops and Establishment Act, whether you are contract employee or regular employee.
Your status of superannuated employee does not come in the way of contract act or shops and establishment act. The employers awarded this contract notwithstanding your superannuated status. If you are above 58, then there will not be PF deductions.
Hope your doubts are settled.
Dinesh V Divekar
Bangalore - 560092
From India, Bangalore
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf