Right of temporary employee to be made permanent.

Querist : Anonymous (Querist) 05 May 2010 This query is : Resolved
I am a temporary employee in a co-operative organisation working on a contract basis. My employer terminates me every year and reappoints me on a new contract. Will I get a right for permanent employment in the organisation as a matter of right if I choose to become permanent. What is the length of service required to claim the right of permanancy. Please advise.

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Devajyoti Barman (Expert) 06 May 2010
There is no law for making a job permanent unless there is an agreement between the employer and the employee in that direction. Claiming a job to be permanent is not a matter of right though sometime in the writ jurisdiction the High Court applies the Rule of Legitimate Expectation in such cases.

Raj Kumar Makkad (Expert) 06 May 2010
What type of duties do you perform?

If you come within the category of workman and have completed 240 days continuous service in a calender year then you cannot be relieved from your job and thus after passage of time, shall become permanent but the service rules of organization shall also be taken consideration while disposing of your matter of permanent absorption.

A.R.KUPPUSAMI (Expert) 08 May 2010
A workman can be made as permanent employee if he is a direct employee and traveled for 480 days out of two years from the date of appointment. For contract employee there is no provision, but the bye-law of the society will speak about the employment

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