contract basis job

Querist : Anonymous (Querist) 30 December 2010 This query is : Resolved
dear Sir/madem,

have one query regards one of my friend he is working with state group of bank on contract basis.
fact: he is working on contract basis the contract duration was 3 years now 3 years is coming to completed so again they have got specimen contract which is 3 years but in this contract bank (co..) has mentioned triple target and if target is not completed means they said will hold the salary. and they are announced new employees in same job.
old emplyees they wont leave the same job.

so the my question is i this situation what will we do.any legal step is there??
either what we can do please suggest me.

thanks in advance sir.

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yogesh (Expert) 30 December 2010
If the terms and conditions prior to job say there then your friend have to leave However challenge may there as adhoc/contract employee cannot be replaced by another.If the bank is pvt and don'y fall within the jurisdiction of CAT, Then your friend may be in helpless condition in regards for litigation

Kirti Kar Tripathi (Expert) 30 December 2010
Once a contract is expired. all the conditions in the contract come to an end. None of the party in contract has a right to enforce the same and parties are at liberty to entered into an contract with new conditions. In case, your friend is aggrieved with new conditions of bank, he is at liberty not to enter into the contract ot come forward with his conditions. If both the parties are ready they can enter into fresh contract.

mahendrakumar (Expert) 31 December 2010
such is the harsh reality of present job markets.

gone are the days of job security and trade union rights( due to excess of such privileges,resulted in this)

Ajay Bansal (Expert) 31 December 2010
See Digest of S.L.R.

Guest (Expert) 31 December 2010
YOU MAY KINDLY NOTE THAT YOUR JOB WAS FOR A SPECIFIC CONTRACT PERIOD. THE PERIOD IS OVER YOU HAVE TO LEAVE THE JOB.
BUT IN CASE THE SAID BANK IS OFFERING YOU FURTHER NEW CONTRACT THE NEW TERMS WILL BE APPLICABLE YOU CAN NEGOTIATE THE NEW TERMS WHILE ACCEPTING FRESH CONTRACT TERMS.
STILL YOU MAY KINDLY SEND COPY OF YOUR CONTRACT .WILL HELP YOU.GOOD LUCK.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawant@yahoo.com
e.mail.nandkumarbs@sify.com

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