Recruitment Recruitment

7 months ago

In our state the health department is recruiting candidates on various posts for duration depending on approval of grants(probably by legislature).

The candidates are serving for years without break of service but in the event of non approval of grants the candidates are liable to be terminated as per the recruitment orders etc.

Is it legal to terminate services of a candidate after a particular long duration of unbreaked service?

Anik

Responded 7 months ago

View All Answers
A.Dear client,
An employee may be terminated according to terms laid out in the individual labor contract signed between the employee and the employer. But the employee must be given a notice period of at least 30 days.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

View All Answers
A.Dear Client,
Fixed-term employment is a contract in which a company or an enterprise hires an employee for a specific period of time. In most case, it is for a year but can be renewed after the term expires depending on the requirement. In fixed-term employment, the employee is not on the payroll of the company. Fixed-term contracts usually conclude when they reach the specified end date. At this point, the employer does not need to give any notice. Fixed-term employment contracts are permitted in India, as long as the employer is employing the person for a short-term requirement. In your case, you are serving the establishment for years on renewal of contract based on requirement and approval of grant. So, in the absence of approval of the grant, the contract of employment will automatically seized for non-renewal of the contract. However social security benefits such as provident fund must be provided to all “employees/workers who are engaged on contractual/casual/daily wages basis” since there is no distinction between a person employed on a permanent, temporary, contractual, or casual basis under S. 2 (f) of the EPF Act.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconNeed help in securing my stake that was promised verbally
Dear Client, Verbal promises or commitments as to a 4% stake in the company do not constitute a valid agreement. So, in absence of a contract on the subject, you can't sue or take any action against t...
question iconSeeking Legal Advice Regarding Employment Issue
Dear Client, Usually, PSUs enter into agreements with outsourcing agencies that provide manpower for a particular project or for general day-to-day work in a particular department. PSUs go for outsour...
question iconAccountant in a production house
Dear Client, The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
question iconNot paid the April month salary
Dear Client, In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
question iconSalary deduction for not serving notice period
Dear Client, It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...