LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

LOUIS (Others)     26 February 2011

Regularization of contact basis staff nurses

We had joined an institution in the 2003, after getting call through employment exchange. The initial tenure of posting was for 2 months with a consolidated payment of Rs.11, 750/-. A total of 62 new postings were recruited along with me during this process.  All of us were issued extension letter, towards continuing our service to this great institution. Every time the extension was for a period of 6 months and its being continued till date in our case. At the time of appointment our salary was at par with regular employees of institution without the HRA component. After the 6th pay commission we still remain with the pay of 2003.However we do the same duties and have same responsibilities. But huge difference in pay remains.   We were also eligible for all the other benefits of permanent employees of institution like, SL, CL, EL, and also the maternity leave benefits.  However, we had not availed any EHS facilities during our tenure at institution.

In 2004, institution authorities started selective absorption of temporary employs into permanent pay roles. The aforesaid exercises were for those who qualified the following criteria;

1.      Those who had registered with Employment exchange before 2001, and

2.      Those who had continuously served institution for more than 2 years.

Other than these criteria, there were no other formalities like written tests for consideration for permanent employment. Interview was conducted and the final list was prepared based on that.  

In 2006, as per the new guidelines set by the institution, written test was made mandatory for selection process. Though we had attempted in this test, but couldn’t clear the exam. Hence was not considered for permanent employment, but continued to work in temporary assignment.

Though there was another test in 2008, the age barrier was included and hence could not appear for the same. Written tests were repeated in 2010 also, but the age criteria remained as a hurdle, preventing us from appearing for the exam. We are still enjoying our job and ensure that maximum patient care is given to the needy we are still drawing the same salary which was offered to us in 2003, as per the then relevant compensation norms. During the last 8 years of our service, we haven’t received any raise/increment in our salary.

 

8th oct 2010 they are appointed 45 staff nurses as a contract basis with salary of Rs 28000

Any chance for Regularization ?

 

Louis



 1 Replies

V. VASUDEVAN (LEGAL COUNSEL)     26 February 2011

Based on the facts given, the chances are regularisation seems difficult, unless mutual neogiation takes place. However, You are all entitled to pay parity as the permanent employees enjoy, even if the tenure is on fixed term basis. While you should be able to get the pay parity, danger is the contract could be terminated with notice period. Hence it would be advisable to produce the complete documents to an expert lawyer and seek advice .

vasudevan


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register