gopisd (Hardware Engineer) 01 October 2014

Contractor to permanent employment claim period law in india

Dear sir/mam, I am working as a desktop hardware engineer in Genpact since 9 years as a sub-contractor of Wipro with a franchise company called Care IT Solutions. I dont have insurance benefits and increments. Heard if we serve in a organization for 10years or so, legally we can appeal for permanent employment. Is it true? Please guide me.

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Kumar Doab (FIN) 01 October 2014

You are neither employee of M/s Genpact nor M/s Wipro………………………..and perhaps you are not exploring possibilities of getting permanent with M/s IT solutions.

By now you would be skilled in your field.

If M/s Genpact nor M/s Wipro M/s IT solutions have not signed any ‘Non Poaching’ agreement between themselves then you can be hired by M/s Genpact nor M/s Wipro or any other company where your skills shall be useful.

It shall be better to change before you are overage for them or any other god employer with good HR practices.

If you are covered by Min. Wages Act then you can’t be paid lower than that……………………..moreover the DA/VDA as per CPI is revised every year and its effect has to be given in wages.............

If you are covered by ESIC (wage ceiling Rs.15000/pm as per def. of wages in the Act) then you are eligible for ESIC and no private insurance scheme can match ESIC……………………….where you are eligible for non employment allowance, salary during sickness, coverage for self/spouse in case of termination and even after retirement etc…………….

If employer has not provided any insurance then in case of occupational disease, sickness/accident/injury death while on job/to and fro to office employer shall have to pay from its own resources………………….hence it is better for the employer to avail coverage by ‘Employee Compensation Act’………………………..for his own good…………….

If your wages are upto Rs.15000/pm then you shall be covered by PF and EDLI, EPD provided under the scheme…………..

If you are covered by def. of ‘Workman’ as in ID Act then if you have spent 240 days in employment you are as good as confirmed/permanent employee…………

If you have worked for >5Y without any break in service then you are eligible for Gratuity provided your employer M/s IT solutions had =>10 employees at any point of time…………….

The employer has to issue appointment letter {Check in (Name of your state) Shops and Commercial Establishments Act}, salary slips at least a day before the disbursement of wages:

Payment of Wages Act;Sec13A

Min. Wages central Rules; Sec 26(3,4)

If you have not signed any NON COMPETE clause/agreement with employer you shall have no issues in joining any other company......................................even if you have signed you can not be prevented.