LawRato

Can i be made a permanent employee if i have completed 3 years with co


05-Nov-2023 (In Labour & Service Law)
Im appointed with advertisement " contract basis( likely to make permenent on araisal of permenent vacany in future " and the appointment letter doesnot specify any period of my contract.now im working in this company for more than 3 years. Can i ask my company to make me permenent ?
Answers (2)

Answer #1
586 votes
The Hon'ble Supreme Court has cleared this position in Uma devi case that any contractor employee or and daily wager or temporary worker who has not been recruited through a normal general procedure even if he completes 240 days or more, he cannot seek permanency. 240 days rule is something else if an employee completes 240 days in the services of a management he cannot be terminated without retrenchment compensation, which is 15 days pay for every completed year of services. This also not applies in case of contractor's employees as those employees are of contractor's. It will also not apply to badli worker and Fix term employment contract employee. This 240 days rule will be applicable on Casual Workers and Temp workers.
Uma devi Judgment is attached. This case is till date the law of the Land. Call me in case of any clarification.
Answer #2
901 votes
There cannot be any definite suggestion. Everything depends on norms followed by your employer. Yes, it is true that there are legal provisions that abhor sham engagement of contract employees. However, the provisions are yet to be operationalised.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."