Can a regular service govt employee can be changed as a contract employee
Pradeep
(Querist) 17 December 2015
This query is : Resolved
Hi,
My wife was appointed to regular govt service in a central government institute in 2012 and is still under probation. (probation period was completed in 2013 but still they have not given her confirmation letter). Now few people in her upper management are claiming that her job (along with four others who were appointed at the same time) will now be changed as contract employees with five years contract. Is this possible under government recruitment rules in the middle of your serving tenure a regular govt employment can be changed as a contract employment
Kumar Doab
(Expert) 17 December 2015
Apparently ; NO.
Saying,telling,asking are all verbal mode of communication and difficult to prove.
It shall be better to show all employment related documents starting from job advt,job application,interview call letter, appointment letter, all rules/policies quoted in appointed letter and service rules and regulations to an able counsel specializing in labor-service matters and understand the merits and options..........................including but not limited to 'Probation Period and 'Confirmation of service' but also to changing the nature of job to contractual/FTC.
P. Venu
(Expert) 17 December 2015
It may be that there are some more facts or issues involved; or else this is a mere apprehension.
Any way, which is the Institute? Which post she has been employed and which pay band and grade pay?
Advocate. Arunagiri
(Expert) 17 December 2015
You have to come out with more facts.
Probation is normally one year. Why wife is still in probation for three years?
Rajendra K Goyal
(Expert) 17 December 2015
Normally after probation, if no letter of extension is issued / specific instructions are there to the contrary person is treated as confirmed.
Guest
(Expert) 17 December 2015
As a senior consultant, do you feel that the information is sufficient to form an appropriate opinion?
Anyway, what the appointment letters of your wife and other employees specify?
Guest
(Expert) 17 December 2015
Please see if in appointment letter or in service rules meaning standing rules of department any fixed period of probation is given or it is mentioned which may be extended for a further period. If latter is case, your probation finishing has no value.
The employer can eitherextend your probation if such clause exists, regularise you or terminate your servcies.
If this is not your individual case but for a group of employees you cant bring charges of discrimination and manifest injustice.
Now a days government is leaning on contractual employees and through contractors. This is to avoid heavy costs and burden ,bring efficiency and keep control on unionized gangs of employees like banks and Railways.
It is our own doing. Employees have been sucking blood of governments and PSUs when communist ave was a t peak in India for 40 years.
More detailed response can be given only after knowing finer details of your case. Better consult and a HR consultant or labor law consultant in your town. We have to go through your appointment letter and service rues etc to give any individual guidance .But principle broadly are mentioned above.
Kumar Doab
(Expert) 17 December 2015
The central govt establishment may not necessarily have standing orders.
Assuming that it has you may confirm if these are certified/model...............and does it cover the designation of the employee.
You may rather download the comprehensive and well explained service rules/conditions applicable to the designation.
Thereafter you may consult an able counsel specializing in labor-service matters and take deciding steps if required so that the employee(s) are not dumped in courts.
Guest
(Expert) 17 December 2015
Right Mr Doab. However, in my knowledge so far, there is no public service or PSU that does not have service rules. Government departments dont have standing rules but service rules.Even the advertisement published for this job would have so many conditioned and offers mentioned.So as suggested by you, querist has to collect all relevant things and then either send us or consult a local expert. Again based on several such cases in many government departments/undertakings, the employer is likely to have upper hand.
Pradeep
(Querist) 17 December 2015
Thanks for all the replies
i can upload the document which answers all the questions here
how can i upload a document here
appointed as associate faculty in 15,600-39,000 band pay with grade pay of 5,400
yes confirmation clause has been there that institute should provide the confirmation letter and until then it is not deemed to be confirmed
due to politics in the institute they havenot given the confirmation letter
Pradeep
(Querist) 17 December 2015
thanks again
Guest
(Expert) 17 December 2015
In which government department,private company and right upto parliament politics is not there. Politics is more dirty in private sector companies. It is well said that 5 professors or lawyers cant sit together and unanimously arrive at decision so easily. Unfortunately she is in academics world.Light humor apart, not much can be done as professors are on contractual jobs for decades in Indian universities and not herein USA/Canada. There are very few tenured professors.
P. Venu
(Expert) 18 December 2015
Appointment, on the basis facts furnished, could only have been made against a permanent post. The purpose of probation is to assess or evaluate of the incumbent to the post. As such, there cannot be any question of your status being changed to that of a contract employee. May be, this is mere idle talk.
Nowadays, in Government service crossing of probation is a mere formality; it is seldom that the rigours of probations are properly followed in any organisation. Continuing on probation even after the period of probation, as mentioned in the appointment letter, is only because of the lethargy of the administration. As this situation is of no consequence, as far as service conditions are concerned, it would be the small talks are ignored.
Advocate. Arunagiri
(Expert) 18 December 2015
Untill and unless the confirmation order is issued, your wife will be in probation only.
Your wife can send a letter to appointing authority clarifying her achievements and performance during the probation period and can request to confirm her.
Once you receive reply from the Govt you can come back to us for a suitable advise.
Pradeep
(Querist) 18 December 2015
Thanks for your reply sir, even i have checked in the google were there any such instances but could not find any, so wanted to know the legal perspective in this
Sudhir Kumar, Advocate
(Expert) 19 December 2015
enough discussion has taken place.
the querist is not going to understand what information he has to give.
I may have to partially/fully disagree with some experts.
The employee, if lawfully appointed. has a right to continue on the post as long as the post is there and as long as he is suitable.
If the person is not suitable during probation then there is no point in continuing him/her even as a contract employees. So the proposal indicates that there is nothing wrong with the probation and no achievements need to be highlighted.
A govt post cannot exist without recruitment rules. In the first instance it is to be seen whether the POST EXISTED AT THE TIME OR NOT.
Then it is to be seen WHETHER CANDIDATE APPOINTED WAS ELIGIBLE OR NOT.
Then it is to be seen whether recruitment is in VIOLATION OF RESERVATION POLICY OR NOT.
Then it is to be seen whether the RECRUITMENT PROCEDURE has been followed or not.
Then it is to be seen whether ANY REPRESENTATION/AUDIT OBJECTION is there on the recruitment.
Then it is to be seen whether THE POST IS STILL EXISTING OR ABOLISHED.
Guest
(Expert) 19 December 2015
Very logical and step by step reply. Querist would immensely benefit by following Mr Sudhir Kumars advise.
Sudhir sir has exposed inside story of government organisations and how they malfunction.
Kumar Doab
(Expert) 19 December 2015
Fully agreed with Shri P.Venu.
The probation period is not necessarily, infinite and eternal.
You may download the service rules and carefully go thru these.The max. duration of probation period may be prescribed in these.
There is no provision of attachments in Experts section.
It is set law that standing orders/service conditions shall prevail upon any private agreement/rule/policy drafted and signed by employer with employee e.g. appointment letter, contract of employment, HR policy etc..............
If required you may meet an able counsel specializing in labor law/service matters alongwith copy of appointment letter/service conditions and your counsel can take you further thru the precedence's that have been set by various pronouncements in service jurisprudence that become law.
There is provision to search on left hand side in both 'Experts' and 'Forum' section.................and you can search and go thru the related topics/queries.
