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  • Category: Miscellaneous

    How the new amended rules about fixed term employment are going to affect

    The government has amended the Industrial Employment(Standing Orders)Act 1946 and made the fixed term employment applicable to all sectors.

    That is akin to 'hire and fire' system. It vastly helps employers and can play havoc on employees.

    I wonder why such a significant matter did not find its place in ISC forum discussion.

    How do you see the changed rules? How are they going to affect the employment scene in this country?
  • #631493
    Hire and fire rights are always vested with the employers even without the laws having enacted. The private companies and Industries want cent performance from the employees and there should not be grouping or union so that the work suffers at the hands of handful employees. Industries always prevailed upon the government to enact strict laws so that it gives upper hand for them to tame the employees. But for the employees they can always approach the labour department for illegal retrenchment or for removal from the service for no reason. We have to study the new law as to the rights of the employees.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #631511
    The notification 'Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018' dated 16.03.2018 published by the Government of India aims at bringing a significant labour reform in India. It is being seen as a preemptive exercise to face the general elections 2019.

    A 'fixed term employment workman' means 'a workman who has been engaged on the basis of a written contract of employment for a fixed period provided that -
    (a) his hours of work, wages, allowances, and other benefits shall not be less than that of a permanent workman; and
    (b) he shall be eligible for all statutory benefits available to a permanent workman proportionately according to the period of service rendered by him even if his period of employment does not extend to the qualifying period of employment required in the statute'.

    Also, the posts of the permanent workmen existing in his industrial establishment cannot be converted to a fixed term employment. However, no fixed term workman is entitled to any termination notice or pay in lieu thereof due to non-renewal of contract.

    Let us encourage each other in sharing knowledge.

  • #631540
    This is a positive aspect when you see from the side of an employer. He can appoint a person for a fixed time and he can pay the money as per the prevailing rules and regulations. But it is not at all good for an employee. Now for a permanent employee who is a worker classified under the standing orders act 1946 has some rights from his side. if the management wants to remove him there are certain rules and regulations which are to be followed and the employee will get the compensation as per the act. But the people who are getting a fixed term contract will have no right about asking for the continuation of his job and he will not get any terminal benefits.
    So now management will always try to appoint workmen under this category only for a few years and later on they need not give them any benefits or job also. I don't know whether any restriction is there for the period of appointment. How the Unions are reacting to this is to be seen.

    drrao
    always confident


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