Easing rigidity of labour laws
The need for streamlining labour laws with regard to fixed term employment has been a long felt need of the industry. One of the initial steps for achieving this was made by way of an amendment in 1984 when employees employed on fixed term basis were excluded from the definition of retrenchment by way of insertion of clause 2 (oo) (bb) in The Industrial Disputes Act, 1947. Thereafter, the Central Government notified ‘fixed-term employment’ for ‘Apparel manufacturing sector’ in February 2017. In December 2017, the Union Cabinet approved extension of fixed-term employment to leather, footwear and accessories industries.Amendment at Central level
One of the major labour law reforms at the Central level with regard to fixed term employment has been when the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2018 were brought into force. The rules amended amend the Industrial Employment (Standing Orders) Central Rules, 1946 and came into force on 16th March, 2018. The amendment introduced Fixed Term Employment irrespective of the nature of work and made the provisions applicable to all sectors of industrial establishments. The fixed term employment envisaged in the amended provision was subject to certain conditions, inter alia, no establishment can convert the post of permanent workmen into fixed term existing as on 16th March 2018; the salary, allowances, benefits, etc., of fixed term employment workman cannot be lesser than that of permanent workmen and the fixed term employment workman will be eligible for all statutory benefits available to permanent workmen proportionately, according to the length of service even if this period of employment does not extend to the qualifying period of employment as required by that statute.Amendment in the State of Karnataka
The Government of Karnataka has brought into force the Karnataka Industrial Employment (Standing Orders) (Amendment) Rules, 2019 by notification dated 30th June, 2020. The amendment has amended Schedule-A, titled ‘For Workmen excluding clerks and other Ministerial Staff’ to the Karnataka Industrial Employment (Standing Orders) (Amendment) Rules 1961, and inserted ‘Fixed Term Workman’ as a class of workmen under the same.Definition and Conditions of Service of ‘Fixed Term Workman’ as per Amendment
As per the amended Rules, ‘fixed term workman’ is defined as a workman who has been engaged on the basis of a written contract of employment for a fixed period. It is stipulated that the hours of work, wages, allowances and other benefits of a ‘fixed term workman’ shall not be less than that of a permanent workman. Further, ‘fixed term workmen’ shall be eligible for all statutory benefits such as ESI, PF and gratuity available to a permanent workman in proportion to the period of service rendered by him, even if this period of employment does not extend to the qualifying period of employment required under the respective Acts. The rules also provide that the fixed term workman shall not be entitled to any notice or pay in lieu thereof, if his services are terminated as a result of non-renewal of contract or on expiry of such contract period without it being renewed. However, a ‘fixed term workman’ shall not be terminated by way of a punishment, unless he has been given an opportunity of explaining the charges of misconduct alleged against him.As regards implementing the rules at the employer level, the employers must bear in mind that the Model Standing Order would not automatically amend the relevant provisions in the Certified Standing Orders. The company shall have to take steps to have the certified standing orders amended to include fixed term employment as a category of workman and thereafter engage workmen on fixed term in terms of the present amendments to the Model Standing Orders.