LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vinit Phogat   21 August 2024

Differnce between adhoc vs contractucal employee

R/sir

i want the list of those cases which shows the differnce between adhoc and contractual employee



Learning

 3 Replies

Dr. J C Vashista (Advocate )     21 August 2024

It is not a problem / dispute for consideration and obligation of experts on this platform.

Contact a local contractor.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 August 2024

Here are some key differences between ad hoc and contractual employees: Ad hoc employees: 1. _No fixed tenure_: Employed for a specific task or project without a fixed duration. 2. _No regular working hours_: Work hours may vary depending on the task or project. 3. _No benefits_: Typically not entitled to benefits like leave, pension, or gratuity. 4. _No job security_: Can be terminated or removed at any time. Contractual employees: 1. _Fixed tenure_: Employed for a specific period mentioned in the contract. 2. _Regular working hours_: Work hours are fixed and regular. 3. _Benefits_: Entitled to benefits like leave, pension, or gratuity as per the contract. 4. _Job security_: Have some job security till the contract period. Some landmark cases that highlight the differences: 1. _State of Punjab vs. Surinder Kumar (2001)_: The Supreme Court held that ad hoc employees are not entitled to regularization. 2. _Umesh Kumar vs. State of Bihar (2001)_: The Supreme Court distinguished between ad hoc and contractual employees, stating that contractual employees have a clear contract with specific terms. 3. _Rajasthan State Electricity Board vs. Mahadeo Singh (2015)_: The Supreme Court held that contractual employees are entitled to benefits like pension and gratuity. 4. _Delhi University vs. Ramjas College (2017)_: The Delhi High Court distinguished between ad hoc and contractual employees, stating that ad hoc employees are not entitled to regularization. Please note that specific laws and regulations may vary depending on the jurisdiction and context. Consult a lawyer or legal expert for guidance on ad hoc and contractual employees.

T. Kalaiselvan, Advocate (Advocate)     21 August 2024

In general, ad hoc and contractual are both temporary arrangements that are used in contrast to regular and permanent appointments. However, there are some differences between the two: 

Ad hoc

Ad hoc arrangements are not scheduled in advance and can come up unexpectedly. For example, a company might enter into an ad hoc contract with a supplier to get materials for a specific project, but they might not buy from that supplier again in the future. Ad hoc service can qualify for pension and increments if it's followed by regularization. 

Contractual

Contractual arrangements are agreements between parties, such as a construction management contract or a public contract. Contract service doesn't have the same rights as ad hoc service, and it doesn't confer rights to pension or increment benefits


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register