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

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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.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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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.
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Vidhi Samaadhaan Vidhi Samaadhaan

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