legal obligations
TS Bhatia
(Querist) 15 May 2008
This query is : Resolved
what are the legal obligations/liabilities of employer when an employee or contractor worker completes 240 days of service in an year ?
Rajesh Kumar
(Expert) 15 May 2008
To remove/retrench the employee from service, he is required to follow the protection given under Section 25F of the Industrial Disputes Act.
david vijaykumar
(Expert) 15 May 2008
When once the employee completes 240 days of continuous service without break, he/she gets all privileges and facilities that are conferred under provisions of Industrial Disputes Act and other labor enactments.
H. S. Thukral
(Expert) 15 May 2008
A workman is said to be in continuous service of one year if he has continuously worked for 240 days in a year, inclusive of closed days and holidays.
Dissenting from the above opinions of M/s. Rajesh Kumar and davidvijaykumar, I will say that a new chapter has been added to the definition of retrenchment under section 2bb. If there is a contract for a specified period or there is a stipulation in the contract that the employment shall come to an end and the contract is not renewed after that, such termination shall not be retrenchment and workman shall not get the protection of section 25F of the ID Act, though the workman might have put in more than 240 days of service in a year i.e he might be in continuous service of more than one year.
Now a days Courts are holding that the termination of service of a temporary/casual and probationer beside contractual employees does not fall under section 2 (oo) of the Act and they are excluded from protection under section 25F if their services are terminated as per terms of the contract or on happening of a stipulation in the contract, though they might have rendered a service of more than 240 days in a calander year. There is conpicious shift in the earlier stand of Hon'ble Courts when probationer/casual/badlis workman after putting 240 days of service were entitiled to compensation and protection under section 25 F
