• Can one person be employed as temporary in more than 5 years?

I have been working as temporoy at a hospital in a private firm for more than 5 years in fact its 7 years now. Can some one be made to work as tempooroy without making appointment permanenet for more than 5 years
Asked 4 years ago in Labour

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19 Answers

Yes, it can be however you have to check hospital HR policy for employment of staff.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Are they deducting Employee’s contribution towards PF or Pension? If yes, then there would be an account opened with the Regulator. Are they paying you by cheque or cash? If you have any of the documentary evidence of your being in service, you can complain to the Labour Department in your area. The biggest action you can take against the company is to leave them, citing non-issue of appointment letter as the reason. But are you comfortable with losing the existing job?

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Yes.

The contract can be renewed annually.

And also you can not claim regularisation because you have been there as a temporary employee for long.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

there is no legitimate expectation of contractual employees or work charged employees to get regularization. The Supreme Court has categorically observed that people who take employment with open eyes for a contractual period or for a specific project cannot claim regularization and there is no equity in their favour inasmuch as the equity is in favour of millions who have been waiting for public employment through the regular recruitment process outweighs the equities claimed by the limited number of employees.

2) you can be employed as temporary at hospital for more than 5 years

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

The contractual employee can be employed for more then 5 years on temporary contractual basis further the gratuity need to be provided along with other benefit also there cannot be illegal termination

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

this purely depends on the employment agreement you signed with them.

To opine you on this one needs to peruse your employment agreement.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If the job is on the basis of employment contract which extends every year, then you cannot be made permanent unless hospital wants it. But if no such agreement is made then you can ask them to make you permanent.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

It is absolutely illegal but unless and until you challenge it before the appropriate forum.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Generally after 6 months of probation you are absorbed as permanent employee. If not you can seek reason for the same from HR

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

It is a social evil becoming day to day problem for each and every unemployed. In most of the department the unemployed youth working for more than 10 years. Somebody must challenge such evils by filing public interest litigation petition.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Sir PIL cannot be filed online though can be filed in form of application on piece of paper in high court and the high court mai accept same. Further a relief of legal aid can be taken from the high court legal service authority a lawyer can help without fee from that.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No PIL can't be filed online. Any legal action in the instant matter has to be taken physically.

My advise to you is to meet-in person a local lawyer with all the relevant case papers.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

It is private hospital

2) no PIL is maintainable against private hospital

3) it cannot be filed online

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

A PUBLIC INTEREST LITIGATION can be filed only against a State / Central Govt., Municipal Authorities, and not any private party.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

. Yes they can be made to work under contractual job through a contractor, however you can make a representation to the management for making you permanent employee as and when the vacancy arises.

However this cannot be claimed as a right.

In Indian Labour Law there is no difference in benefits of a temporary or a permanent employee. Any organisation though may build its own employee policies to differentiate between the two and grant them varied benefits. There may be some difference with respect to workmen.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

No fruitful result will come by this step which is called on line.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

DOnt you think its morally illegal to make someone work like this? Making some one work on contract basis for long time. Can some one here expalin me as how to file a PIL/ Is it possible to file PIL online. I dont have teh finacnial capacity to file in court

Fixed-term employment contracts in the context of workmen are allowed in India, provided that the employer hires such persons only a requirement that is short term in nature.

The same has been construed to mean an arrangement that lasts for a maximum of 7 (seven) years.

The courts have long held the view that successive fixed-term agreements cannot be used as a substitute for employing a workman on a “permanent” or “unlimited term” basis merely to bypass the statutory provisions and to get benefits out of them.

The courts have also ruled that fixed term employment is not meant to be permitted in roles that are permanent by the very virtue of their nature, as far as the particular employer or industry is concerned.

Fixed-term employment agreements can be signed between the employer and employee, or such relationship may be established through the use of a contractor as envisaged under the provisions of the CLRA Act.

While employees on fixed-term employment agreements are not entitled to all the benefits given to permanent employees, such as gratuity, leaves, Provident Fund, etc. (unless such employees are engaged through contractors – in which case it is the responsibility of the said contractor to ensure the same) they are not however assured of other benefits under the act, such as retrenchment among others.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1) If you are signing every year a contract agreement than its nor possible to file case against hospital.

2) Best way you resign and join another company that of your same profile, if hospital needed you than they will ask you to wait back than you can put your terms and conditions.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

PIL can be filed for public interest and not for interest of some particular group of public.

You can file writ under art. 226 in HC or under art. 32 in SC stating your fundamental right is harmed by this.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

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