SOME ONE CAN PLEASE HELP
ON COMPLETION OF 240 DAYS OF CONTINIOUS EMPLOYMENT UNDER TEMPORARY EMPLOYMENT, A PERSON CAN CLAIM PERMANENT EMPLOYMENT.
IN THE CASE OF ANY CONTRACT CAN A PERSON CLAIM ANY RIGHT OF PERMANENT EMPLOYMENT IF THE CONTRACUAL PERIOD IS 240 DAYS OR MORE ?
IF YES WHAT IS THE ALTERNATE?
IF NO WHAT SHOULD THE CLAUSE OF THE CONTRACT REFRAINING THE CLAIM AS SAID ABOVE?
SIDDHESH
15th October 2008 From India , Hyderabad
Dear Mr. Siddhesh,
Your query is not clear. Was the workman in temorary employment as per Standing Orders i.e. employed for temporary rise in permanent nature of work? Secondly, if he is a contractual workman and is claiming permanancy in your co., there are various parameters to decide if he can claim direct employment. These are supervision and control, salary disbursement,grant of leave etc. If the co. officers were doing these and other tasks such as giving instructions, then he can claim permanency with your co. But, if there is a proper contractual agreement in place with your contractor, if he is discbursing the salaries, if he has his own attendance record, leave card etc. then though the workman is working for more than 240 days, he cannot claim permanency in your co.Thirdly, if it is a fixed tern contract, if it is expressly stipulated in it that as to the term of employment, he cannot claimpermanancy.
24th December 2014 From India , Pune
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