Presentation On Employee Contract Related With Service

Presented By: Akansha Shukla Kriti Mishra Divya Gupta Vishakha Tyagi Sneh Sharma Kiran Garg

Service Contract

Agreement whereby a contractor supplies time, effort, and/or expertise instead of a good (tangible product).

Employment Contract

Definition: An agreement entered into between an employer and an employee at the time the employee is hired that outlines the exact nature of their business relationship, specifically what compensation the employee will receive in exchange for specific work performed.

Generally, someone is an employee when:

The University directs and controls how the work will be done. The University provides the facilities and other resources. The University runs the risk of loss. The work is related to the Universitys core business of teaching and research.

Generally, someone is an Independent Contractor when:

The individual determines the work process to meet the Universitys established outcome. The individual provides the facilities, equipment and other resources. The individual runs the risk of loss. The work is not related to the Universitys core business of teaching and research.

Employee Related Cases

Case1:

I had been working in Pvt. Ltd. Company for 2 and half years as a permanent employee. As per the company rules I was eligible for medical and LTC benefits. When I leave the job they suppose to give me the whole Medical and LTC benefits plus 15 days salary. I had served one month notice also. They promised me to pay after some time since the financial condition of the company was not good at that time. After repeated telephonic reminder and subsequent letters they kept quiet. It is almost 2 years since then, and I came to know that this company continue to do such things with other employees also. What I can do now? Can I still get money

Cntd

Yes, you can claim all the benefits, which the company has not paid you after your resignation. You can file a civil suit against the company and claim those dues. In case you are a "workman" within the definition of Industrial Disputes Act, you can file a petition under Section 33 (c) (ii) of the said Act and claim your benefits.

Case 2 :

A person is working with a government enterprises company since last 7 years on a contract basis. They renew his contract on every year. Relation are good with his employer, but if they are not continuing his job in any case what he will do. Is there any chance to see them?

From the query it is not clear in which category of employment is he working, Whether he is in the "Workman" category or in the "Management" Cadre and whether he is employed on contract basis or otherwise. In case he is in the Management category, then the Company has every right to enter into an agreement with him on a contractual basis and continue his job till the time they want. In case he is working in the office staff then in case the company does not renew his contract then he can approach the Labour Court under the provisions of Industrial Disputes Act and seek appropriate remedy. He can ask for regularization under the Industrial Disputes Act if he is a workman as defined under the said Act.

Contd

Conclusion

An employment contract can help to attract and retain key employees. While employees can't be forced to stay, a contract can ensure that they'll provide reasonable notice prior to departure-typically 60 to 90 days. Employment contracts also help protect critical trade secrets, and are especially critical in high-tech companies. An employment contract can prohibit employees from revealing company secrets, working for the competition or soliciting customers.

References
http://www.entrepreneur.com/encyc lopedia/term/82310.html http://www.hrs.ualberta.ca/index.as px?Page=234 http://www.vakilno1.com/employer_ qns.html