Contract labour

SURAJIT (Querist) 06 August 2014 This query is : Resolved
One of my friend was working in a MNC as communication assistant in corporate communication department on contract basis under ranstard. he has worked for more than 8 years now he has been given notice to leave the job. kindly advise can he claim for permanent post ? legal help from labour law side.

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M.Sheik Mohammed Ali (Expert) 06 August 2014
what is the reason to leave from job ? if their reason not satisfied you can send legal notice.

SURAJIT (Querist) 06 August 2014
his contract was for 11 months each time and renewed after it like this for 8 years

Kumar Doab (Expert) 06 August 2014

The impression posted in this post is first hand feeling that is based on limited understanding from the post of the Author…………….Mr. Surajit (Student).

The matter should be examined by a competent and experienced labor Consultant/Service matter’s lawyer/Law firm……………………..as your able lawyer may like to examine it from various points.

The employee has been on the same job for 8 years.

The employer has utilized the employee’s
resources/abilities to its fullest for 8 long years.

If the post is permanent the person doing the job be also permanent.

Has the employer created any ‘Artificial Breaks in Service’?

Fixed Term Contract or Specified Purpose Contract……………………whatever it is, he might have completed 240 days in service.

There might not be any need or any letter stating that the service has been regularized/confirmed.

Look, he is eligible for notice if the services is to be terminated, and probably that is why he has been issued a notice………………………probably that as stated in the Contract his service shall end on dated………………..as specified in the contract………………………………..Or is it that he is being terminated before such date?

He might also be eligible for termination compensation @ 15 days wages for each completed year of service.

He should be eligible for social security benefits available to other confirmed employees right from beginning of his service e.g. annual leave, PF, ESIC, Gratuity etc.

Refer the case to a competent and experienced labor Consultant/Service matter’s lawyer/Law firm.

Rajendra K Goyal (Expert) 07 August 2014
Consult a local labor law lawyer and discuss the case with him.

Guest (Expert) 07 August 2014
Not a case of your friend, but it is your classroom academic query only.

T. Kalaiselvan, Advocate (Expert) 09 August 2014
As usual another academic query by a student, advised to contact the tutor for clarification.

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