Legal Question in Employment Law in India

Contract Employment in Managerial Position in India

I am an Engineer employed by a consultancy organisation working for NHAI projects in India on retainership basis for a particular project on a fixed amount.There was no provision of Leave and annual increment in this contract,however, I worked for more than 2 years for this company.The company was deducting 5.1% TDS on the monthly fee(remuneration) and was paying me the balance.The weekend and the certain notified leaves were granted as per the other regular staff and retained consultants.My question is whether I am entitled as per the Indian Law the 30 days annual leave either at the end of year or intermittently during the year or cash in lieu that of.My for the day was deducted whenever I took a day off including for professional training.Effectively it reduced my remuneration as certain days off are must to meet the social commitments or on medical grounds.Actually the company lured us by offering certain higher fee than the market rate but it is not so due this hidden clause.The company claimed 5%escalation from NHAI at the end of one year against my incumbency but did not pay single penny to me as increment.Whether I am entitled to my share of escalation?Can I seek the intervention from NHAI being the principle employer.


Asked on 6/24/07, 4:02 am

2 Answers from Attorneys

kavitha balakrishnan kpp associates

Re: Contract Employment in Managerial Position in India

your contract agreement has to be seen - work agreement is essential to give you a clear reply.

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Answered on 6/25/07, 12:46 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Contract Employment in Managerial Position in India

Hello

in this case can u mail me a copy of your contract

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Answered on 6/25/07, 3:10 am


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