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Rajeev Kumar (Professioanl Social worker)     01 August 2010

rules regarding recruitment on contract basis is govt sector

Dear all

I am working in a research project funded in central govt funding agency. in my appointment letter. there is no mention of any  leave  provision. we don't get paid leave. if we take leave our salary of that day is deducted.

whether this practice is lawful?

kindly tell what law govern the recruitment process of  contract job in govt sector. please give me the full detail

please guide me

regards

Rajeev Kumar



Learning

 8 Replies

Reetu Dwivedi (Paralegal)     04 August 2010

Hi Rajeev,

Number of days of leave can differ from state to state. But the Every workman is entitled to get-  Earned Leaves, Casual/ Sick Leave, Accumulation of Leave, National & Festival Holiday

Days according to Bombay Shops & Establishment act are below

Earned Leaves

 

21 days for 240 days worked

Casual/ Sick Leave

 

CL/ SL not specified in Bombay Shops & Estb Act; under this Chap VII, Model Standing Orders are applicable

If worked Less than 1 year

 

5 days for 60 days worked

Accumulation of Leave

 

(Leave can be carried forward up to 42 days & bal encashed at exit or retirement)

Mandatory Holidays per the Acts

 

Jan 26, Aug 15, Oct 2, May 1+ Minimum 3 festival holidays

Rajeev Kumar (Professioanl Social worker)     05 August 2010

Dear Ms. Surya Prabha

thanks for providing me details of leave .... as every employee is entilted to get it.

but my query is still unanswered... about the rules of recruitment on contract... kindly provide me the detail.

 

thanks

Rajeev

Reetu Dwivedi (Paralegal)     06 August 2010

Hi Rajeev,

Rules of recruitment on contract is goverened by Contract Albour (Regulation & Abolition) Act 1970.

Rajeev Kumar (Professioanl Social worker)     07 August 2010

Thank you ms Surya

one more query... whether white collor job like Assistant professor ( on contractual appointment ) or other highly professional qualified job covered  under Contract Albour (Regulation & Abolition) Act 1970.
 

I mean to say that now days most of the appointment in  government secotrs are done through contract appointment ... all those appointment covered in that  act?

kinldy reply me

thanks

Rajeev

sudhirkumar (service)     11 August 2010

Sir, In my opinion, recruitment on "Contract basis" and rules governing engagement of Contract labours are two different issues.   Terms and conditions of recruitment on "Contract basis" and its service conditions will also vary from post to post, deptt to deptt, state to state and may not attract the provisions of CL(R&A) Act, as such appointments are made directly by Employers /Departments and such recruited persons should not be termed as "contract labours."

Rajeev Kumar (Professioanl Social worker)     14 August 2010

Thank You mr Sudhir

You caught my point. It was the clarification , I was seeking for.

You mean to say that there is not any uniform law to govern contract jobs. therefore they vary from state to state , post to post .

You can understand that in this democratic country... nothing can go in whimsical way... There is definetely some governing rules for every function in this system not only in private sector, in govt sector also.

So,kindly tell me about those rule that govern contract service / recruitment

thanks and regards

Rajeev

SANJAY JOIL (LAW STUDENT)     28 August 2010

Which type of TDS certificate  your office has issued to you.  If  they have issued you form 16,it means they have employed you as an employee(on temporary or contract basis)  or  if they have issued you  form 16A, it means they have hired your services  and paid you service/consultancy /professional charges wherein the question of LEAVE doesn't arise.  

However, under RTI  you can seek information whatever you want in this regard .  Since it is a public authority, you can seek information as a  Citizen of India 

Kailash Singh (-)     03 January 2011

I am working in a research project funded in central govt funding agency. in my appointment letter. there is no mention of any  leave  provision. and no salary  increment but other persons salary  increase in same project.

whether this practice is lawful?

kindly tell what law govern the recruitment process of  contract job in govt sector. please give me the full detail

please guide me

regards

kailash singh


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