contract employment
sachin wahurwagh
(Querist) 21 December 2010
This query is : Resolved
Dear sir,
Canara bank has hired 340 officer on contract basis for duration of 3yrs and it may be extended at bank discretion. And we all have already completed 17 month with canara bank. Like us there are some regular employees of bank doing same kind of work which we do. And our salary is fixed which is 15000 p/m and they are deducting our PF which 1000rs p/m. We have to do insurance business of 3lac per quarter and if do not succed in doing that then bank stops our salary. And in other case regular employee is also doing the same job for the bank which we do but his salary is never stops. So can u plz tell us is there any provision in law which can give us permanent employment in canara bank.
Same kind of hiring was done by SBI recently and they have regularised 7000 contract employees.
So we would like to know is there any chance of getting permanent employement in bank.
We have already approach the management for the same but there is no proper response given.
Regards
sachin wahurwagh
adv. rajeev ( rajoo )
(Expert) 21 December 2010
You are appointed on contract basis, as such you cannot be treated as permanent employee. As per the conditions you will have to work.
Cananra Bank may or may not follow the SBI procedure.
To get permanent employment you have to approach the court.
s.subramanian
(Expert) 21 December 2010
I agree with Mr.rajoo and support his view.
Kamal Prasoon Sinha
(Expert) 21 December 2010
Dear Mr. Sachin,
The terms and conditions of your employment will be guided by employment contract.
As far as permanent employment with the bank is concerned you have to go for the legal option. Well there are few judgements of different high courts and the apex court which may go in your favor.
R.Ramachandran
(Expert) 21 December 2010
Even if you have to go in for legal action, better try to exercise that option after completing 3 years of contract and after the Canara Bank extends your contract for a further period.
Any attempt to go for legal action prior to that would alert the bank management and they would terminate the contract. Better watch your steps.
malipeddi jaggarao
(Expert) 21 December 2010
Expert Mr.Rajoo advised well. For permanent employment in the Banks you are supposed to pass through the competitive tests conducted by each bank. Getting employment on contract basis is an easy way and you opted it per your convenience. Permanent Officers are supposed to discharge multifarious assignments at any time. Try to understand the difference. Jumping into legal action immediately is not the recourse. You have exercise patience and gain experience. Then Bank may itself regularize your services.
Kirti Kar Tripathi
(Expert) 21 December 2010
The contractual employee has no lien or right on post. His employment is regulated with the terms of contract only. It is purely discretion of the employer to retain an employee or not after his contract came to an end. However, in case there exists any scheme for regularization of contractual employee, he can take benefit of that scheme. But on this basis of performing contractual nature of jab for a specific period or for a long time he can not be declared as permanent. The legal position is unambiguous in this regard.
sachin wahurwagh
(Querist) 22 December 2010
Dear sir,
I would like to thank you all the experts for giving there expert advice.
As Mr Ramachandran has advice that we should wait for 3yrs to get completed before taking any legal action.
And Mr rajeev has advice for legal action
we are bit confuse.
we have already written a request letter to our CMD for getting permanent and canara bank union is also helping us for the same.
Sir according to our contract we cannot join union so is it legal that we cannot join union.
Next thing our salary is stop if we do not do the minimum threshold business is it legal to do so.
Because of this contract no organisation is ready to give us any kind of loan facility even canara bank is not providing any kind of loan facility to us.
No medical facility is provided by the bank. Is this legal.
Sir if we all together approach to court then what are the chances that we will win.
Sir canara bank is hiring another 700 officer for doing same job and that too on same terms and condition that we have.
Sir I would like to know if canara bank would be doing this business for ever and if they are hiring another 700 officer for doing same business then why they are not giving us permanent employment.
We all 340 officer are almost 28 yr old and if we wait for such long time then its very difficult to get new govt job because of age barrier.
Your expert advise would be appreciated
Regards
sachin wahurwagh
Ajay Bansal
(Expert) 23 December 2010
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