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Need Nationwide Policy for Contract Jobs in Government/Semi Government Departments

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Contractual employee working in government/semi government is a new category of employees called “Working Jobless”. In India millions of contract employees are there in various departments and nobody taking care of their rights.

Contract employee dedicate long and peak time of their age to the department with full efficient work and department return them with expulsion without reason, so that they can’t ask their rights or job security.

Below are some points which are important to mention to know the problems and find some solution:

  1. Departments should prefer to hire permanent employees for regular nature of work in spite of contract employees and continuous work period extension. There should be time to time training for regular employees so that they don’t depend on contractual staff.
  2. Department should have separate list of approved posts as contractual employees for temporary work. Contractual employees hiring should be restricted to those posts only, so that department should have knowledge of working contract employees, type of work and time period of post for temporary nature. Department should hire contract employees also after due exams and process to ensure hiring of employees on the basis of merit only. Backdoor entry should be banned so that all eligible candidates get fair chance to compete.
  3. Department should specify time duration of the post required during approval of contractual post. After that specific time employees should be hired again for separate work by transfer and should provide other facilities according. Employees should not suffer in case of department idleness/wrong decision.
  4. Department should tell contract employees before hiring max work duration in the department so that they can be saved from any fraud. They should not get period extension after the period in any case, so that nobody can use/seduce them either ways favoring with time extension.
  5. Department should ensure timely salary release, issuing experience certificate from valid authority, timely salary increments before approving/filling the contractual posts. Department should inform about time period for the post so that candidate can think of their future during and after the specific job.
  6. Contract employees should not be hired from consultancy services (third party) or by means of man force tendering. That practice should be stopped to ensure reasons payment to reach working employees, hiring of eligible candidate by fair recruitment process. Only after that department can do something for their betterment and benefits will reach them properly.
  7. Policy must cover rules for basic work conditions, leaves, timely salary release, salary increments. More important is to implement that policy in all institutes/departments so that none can be slaved to work. Policy should also cover difference in benefits of the contract and permanent employees working on same work with similar qualification.
  8. Department should also take care of training for the contractual staff to improve their work quality for better results as personal and department benefit. That will also help in betterment of their career.
  9. After working for specific time in any department on contractual posts candidates should be able to avail some relaxation like age relaxation or excuse for some steps during permanent post hiring process. That will benefit the department with his experience. He will also get some return of his services for the department.
  10. Department should do something for the employees working from years on the important/continue nature of projects in terms of job security. Policy should provide some instructions in this regard and department should bind to obey those policy rules. Either contract job should be fixed for only retired/over aged by preference to safeguard new candidate’s career.
  11. Department should transfer working employees in other department in case their work extension period is over to save their job.
  12. Employees should only be removed on proving serious charge or some solid reason. They should not be removed on the basis of personal choice or preferences of officers.

On the legal ground honorable Supreme Court decision Uma Devi vs. Karnataka State Govt. Appeal (civil) 3595-3612 of 1999 is a detailed guideline for contractual employees hired by proper/ethical processes, valid qualification and eligibility. In that decision under Para: 14 and 16 Supreme Court guided department to do something for working employee's betterment. according to above said guidelines court instructed departments to make one time regularization policy for the candidates who are hired with all valid qualifications, after all required procedures, working from specific time duration, and hired strictly on the merit basis.

Some of the state governments initiated some steps to create the policy and implementation but in most of other Govt. Departments/Autonomous Bodies situation is still same. Without any strict guidelines from government there is not any hope other than court for contract employees.

All employees working in Govt. departments are same. On the basis of equal pay for equal work rule contract employees working in government department should have same rules for increment and promotions as other regular employees. In this regard honorable Supreme Court gave instructions to government/departments to implement by Civil Appeal No: 213 of 2013 State of Punjab Others vs. Jagjit Singh 26 Oct, 2016.

Under above circumstances we request authorities to create some policy nationwide for contracted employees and bound to implement all center government, state government and autonomous institutions for their employee’s betterment. This will also create new jobs and give better secure career to the working professionals with improved conditions.

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