Exemployees again rejoining after taking vrs, then thier benifits would be.........
satish malve
(Querist) 05 November 2012
This query is : Resolved
MADAM/SIR,
I SINCERELY REQUEST YOU TO SUGGEST ME IN THE BELOW ISSUE.
CERTAIN EMPLOYEES/LABOURS WHO TOOK VRS AND LATER REJOINED THE SAME ORGANISATION ON THE REQUEST OF MANAGAMENT, WHAT BENIFITS CAN THEY CLAIM FROM MANAGEMENT? CAN MANAGEMENT DIRECTLY ENGAGE THE EXEMPLOYEES AS CONTRACT LABOUR AND CURTIAL THIER BENIFITS? ALSO IF THE EXEMPLOYEES ENGAGE IN CORE WORK OF THE ORGANIZATION WILL THEY BE TREATED AS PERMANENT EMPLOYEES AND LASTLY CAN THEY BE TERMINATED WITH OUT PRIOR INTIMATION? IF SO, THEN WHAT WOULD BE THE IMPLICATION AND CONSEQUENCE IF HE IS A PRINCIPLE EMPLOYEER AND ALSO IF HE IS A CONTRACTOR?
Raj Kumar Makkad
(Expert) 05 November 2012
Your query is totally academic having no relation with you. If the same relates to you then come with true facts so that it may duly be replied.
satish malve
(Querist) 06 November 2012
Dear Raj Kumar Makkad,
I thank you for your reply. As you said, it doesnt relate personally to me, however it relates to my father and some of their friends who again rejoined the same organization after taking VRS, management called them and said that they would be provided with all the benifits but however they were provided with meagre wages only. On demanding regarding benifits, management threatened that if you ask any benifits then you may be leave the organization. So, on what basis can management again rejoin their exemployees into their organisation as the work involved is core work of the organization(.i.e daily wages, casual labours, contract labourers or what else)?
JANAK RAJ VATSA
(Expert) 06 November 2012
you can engage the ex employees as consultant provided they are willing and on terms and conditions as specified by the management
satish malve
(Querist) 06 November 2012
I appreciate Janak Raj Vasta for your valueble information. What would be the benifits which can be claimed as consultants by employees. However if those terms and conditions as CONSULTANT are not legally documented on papers and was done merely by engaging them by words. what would be the positive and negative implication on employer and on employees? can employees claim any benifits from the employer?
JANAK RAJ VATSA
(Expert) 06 November 2012
you would need to send the terms of engagement to me for an analysis
satish malve
(Querist) 06 November 2012
Janak Raj Vasta,
there are no terms of engagements, nothing has been put on papers. its merely assurance on words by employer, the exemployees were asked to come and were rejoined, however they were not availed any benifits only E.S.I facilities were provided. apart from the above nothing has been done.
RAJU O.F.,
(Expert) 07 November 2012
The VRS retired persons cannot demand benefits applicable to previous employment, if join again on separate contract. The terms and conditions of the new employment/assignment would apply to the post. They may continue with such terms or may seek better positions in another organisation. VRS retired persons would be rich in experience on various situations in the past. Their services can be used in better way than the freshers. Find such employers who recognize your experience in particular field.
satish malve
(Querist) 07 November 2012
If the principle employer is exploiting the exemployees in terms of work and not availing the benifits and facilities which they are suppose to get as he being their principle employer, then what could be done and whom to approach as the employees are scared to approach the management of being fired off from employement?
K.K.Ganguly
(Expert) 08 November 2012
1. The employees who took VRS from PSUs are taken on contract/casual basis and not on permanent basis.
2. These employees can not claim any other benefit apart from the contracted lumpsum amount.
3. It is a regular practice with Bangalore based PSUs.
JANAK RAJ VATSA
(Expert) 08 November 2012
in case of any labour related issues, complaint can be made to the labour officer of the area concerned
