Contractual employees for more than 5 years
dear sir/mam, i am working in a central govt. department of India since March 2009. It has been more thabn 5 years since my employer keeps on renewing my contract period.
it is to mention that the employment term has been continuous without even a break of one day.
initially the term was for one year, then they renewed it for 2 years. after that it has been renewed for 1 and 1 years respectively.
It is a department ongoing buzz that they are processing for taking the contractual employees on permanent basis.
regarding this buzz in Feb 2013, they also asked us to fill a form including our educational details stating that the form submission is for the absorption of the contractual employees.
We get a DA increment but no basic increment.
For the term of 2013-14 we also filled the government issued Annual Progress Report (APR).
We are around 200 employees working on the same terms.
Since you can see we have lost of patience now we are moving to knock the court's door.
Kindly guide me further if we have strong case against our employer or not
Asked in Labour from Lucknow, Uttar Pradesh
All such employees may be regularised if it is found that the employer/organisation has perineum nature of work and they are adopting contractual contract in order to deny regular employment.Certain more facts are required to be discussed, if you wish please call.
Advocate, New Delhi
1. The contract you entered into for your contractual employment is required to be seen for further advice,
2. When the Department entered into agreement for contcatual engagement, it is bexpected that they have already taken care of the legal aspect of it,
3. However, you can file a Writ Petition before the high Court praying for relief,
4. If you go to court, the department may not further renew your agreement with them.
Dear Mr. Ganguly, I am very sure about this that my employer did not ask us to endorse any document stating anything about the contract. They just asked us to sign a non-disclosure agreement at the time of joining and after which no other document was ever asked to sign.
Furthermore, when we put a petition in High Court, would not high court can put a stay over our contract as we are working satisfactorily from last five years that too without any break in service. Thanking you for your advice. Sir. plz reply
Asked 3 years ago