contract agreement
sachin wahurwagh
(Querist) 04 January 2011
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
Expert : adv. rajeev ( rajoo )
Posted On
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.
Expert : s.subramanian
Posted On
21 December 2010
I agree with Mr.rajoo and support his view.
Expert : Kamal Prasoon Sinha
Posted On
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.
Expert : R.Ramachandran
Posted On
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.
Expert : malipeddi jaggarao
Posted On
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.
Expert : Kirti Kar Tripathi
Posted On
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.
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
Expert : mahendrakumar
Posted On
23 December 2010
contract employment is being practised at many fields and is being extended to many areas.
these are being done becuase of the difficulties experienced with permanent and unionised employees.
as such I do not think,any management including the canara bank would help you.
these are becoming the new 'norms' of employment nowadays, especially after the globalisation and mnc presence in many areas.
I understand that my answers are not of much help to your queries.
Atleast wait for the expiration of your present contract before any actions as suggested by Mr.Ramachandran
Expert : Kirti Kar Tripathi
Posted On
23 December 2010
Point wise my reply is as under
a.according to our contract we cannot join union so is it legal that we cannot join union.
Ans. This condition of your contract is against the provisions of Trade Unions Act and can be challenged being unconstitutional.
b.our salary is stop if we do not do the minimum threshold business is it legal to do so.
Ans. The salary cannot be stopped without disciplinary action solely on this ground unless it is proved in the disciplinary proceedings.
c.No medical facility is provided by the bank. Is this legal.
In case, there is any policy in the Bank. not providing benefit of Medical Felicity is illegal.
d.if we all together approach to court then what are the chances that we will win.
Ans. You can file petition but chances of winning will depend on the legal position and relief sought. Court cannot direct the employer to regularize the services, unless there exists any scheme. However, it can direct the bank to frame the Scheme for regularization.
e.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.
Ans. You can challenge the action of management and take this plea in your petition as it amounts to unfair labour practice.
f.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.
Ans. This ground can also be taken in the petition. But in my opinion it is your problem, Bank has nothing to do with your problem.
e.canara bank is hiring another 700 officer for doing same job and that too on same terms and condition that we have.
Ans. This the decision of the management, they can take.
Expert : R.Ramachandran
Posted On
23 December 2010
Dear Mr. Sachin,
I can understand your anxiety. But that does not mean that we should advise you wrongly.
You are saying all of you are in the age group of 28 years and if you wait for such long time then its very difficult to get new govt job because of age barrier. NOBODY WOULD STOP YOU FROM APPLYING FOR GOVERNMENT JOB NOW ALSO. IF YOU GET THAT JOB YOU CAN VERY WELL SWITCH OVER. IT IS NOT YOUR CASE THAT HOPING THAT THE CONTRACT JOB WILL BE MADE PERMANENT, YOU LEFT ANY GOVERNMENT JOB WHICH WAS OFFERED TO YOU. THEREFORE THERE IS NOTHING THAT YOU HAVE LOST. ON THE CONTRARY YOU HAVE AN OPPORTUNITY TO SERVE IN A CONTRACT JOB.
THEREFORE, TILL SUCH TIME YOU GET A JOB, WON'T YOU LIKE TO CONTINUE IN THIS CONTRACT JOB?
Secondly, what has been advised to you by experts so far is as under:
1. Since you entered into a contract, you are aware of the terms and conditions (including stoppage of salary in case you do not do minimum business) and as such there is nothing that you can complain now. At best, if you do feel that the terms and conditions are not suitable to you, then the best way is to discontinue the contract and leave the contract job.
We know, nobody would like to do so. But would like to improve their position.
2. That is why, it has been said that till such time the contract gets over please do not raise the question (at least in the legal forum) of getting permanent job in the bank now. You yourself are saying that the bank is engaging further 700 persons on contract. That means the business of the bank is growing. This is a good news for you. If the business grows in this fashion, then the bank would itself be thinking of absorbing some of you permanently. But one thing is certain, your contract after 3 years cannot be terminated and fresh candidates cannot be appointed in your place. But that does not immediately give a right for you to demand permanent job in the bank. It is for the bank to decide depending upon its requirement. As was done by the SBI. Courts cannot also compel the Banks to make the contract employees a permanent employee. Thus, till such time, you people get any alternate permanent job either in the Government or in any other Bank, it is in your interest to continue the present arrangement. As you gain experience and number of years of service, you can slowly and steadily press for permanent absorption.
THUS, WHILE YOU PEOPLE ARE ONLY IN THE 18TH MONTH OF SERVICE, STILL 18 MONTHS TO GO FOR THE CONTRACT, APPROACHING LEGALLY THROUGH COURT WILL SURELY BE COUNTER-PRODUCTIVE.
Analysing all these pros and cons you have to take a decision. Nobody else can decide for you. After all others can only give their views. THE DECISION AND THE CONSEQUENCES WILL PURELY BE YOURS.
Expert : Ajay Bansal
Posted On
23 December 2010
SEE A.I.R. MANUAL
Dear sir,
We have been asked to sign the supplimentry contract. the condition in the contract does not have favourable consideration. I am attach the copy of supplimentry contract with this. Plz guide us accordingly as we have to sign it in next few days.
Your valuable suggestion are needed........
regards.
R.Ramachandran
(Expert) 04 January 2011
Dear Mr. Sachin,
I do not find anything illegal/wrong about the supplemental contract. I suppose there might have been an enabling clause in the original contract to this effect.
You will be signing the supplemental contract only if you are agreeable to it. Otherwise not. Whether to agree or not to the contract is your personal decision.
If I am an unemployed youth, and I get this sort of an offer, I would jolly well sign it and carry on my task.
s.subramanian
(Expert) 04 January 2011
Mr.Ramachandran is right in his view. It is the best and very practical approach to the matter.
Ajay Bansal
(Expert) 04 January 2011
Agreed with S.Subramanian.
Ahmed Daud Girach
(Expert) 04 January 2011
There are number of opportunities as Probationary officerers in various Banks including Reserve Bank of India.You must prepare yourself for tough competition viz.Passing through written test,interview and group discussion.You experience in a Bank will be a positaive criteria in interview.Dont seek regularisation as you have agreed yourself the contract appointment but be positive and face competition.Recent trends of judgments of Supreme court and High court are not atall in your favour.
