Haryana Enacts Law to Enhance Service Security for Contractual Employees

The State of Haryana has enacted a significant piece of legislation, The Haryana Contractual Employees (Security of Service) Act, 2024, aimed at providing enhanced security of service to a specific category of contractual employees within its government organizations. This Act, which received the assent of the Governor of Haryana on November 29, 2024, and was subsequently published on December 6, 2024, is deemed to have come into force retrospectively from August 14, 2024, and extends across the entire State of Haryana. The primary objective behind its enactment is to address the long-standing issues of job insecurity and inconsistent service conditions faced by contractual staff.

Under the provisions of the new Act, an "eligible contractual employee" is defined as an individual engaged on a contract, ad-hoc, or outsourced basis in a Government Organization as of August 15, 2024 (the "appointed date"), who receives remuneration up to Rs. 50,000 per month, or is deployed by the Haryana Kaushal Rozgar Nigam under the Deployment of Contractual Persons Policy, 2022. Crucially, such an employee must also have completed at least five years of full-time service in the Government Organization by the appointed date. The Act clarifies that service period includes time for which remuneration was paid, directly or indirectly, and approved leave, with 240 days of remuneration in a calendar year counting as a full year. However, employees engaged under Centrally Sponsored Schemes, on an honorarium basis, part-time, those who attained 58 years by the appointed date, or those terminated before the Act's commencement, are excluded from this eligibility. A pivotal change introduced by the legislation is that the eligible contractual employee shall continue to work in the Government Organization till he attains the age of superannuation.

The legislation provided: “The eligible contractual employee shall continue to work in the Government Organization till he attains the age of superannuation.”

This provision directly addresses the precarious nature of contractual employment by granting tenure until retirement age (superannuation). Furthermore, the Act standardizes remuneration, stipulating that eligible contractual employees will receive a consolidated monthly remuneration equivalent to the entry pay in the pay level of the corresponding post, along with additional remuneration based on their years of service, as detailed in the First Schedule. This consolidated remuneration, including additional benefits, is guaranteed to be no less than what the employee was drawing on the appointed date. The Act also mandates additional benefits such as healthcare under the Pradhan Mantri-Jan Arogya Yojna (PM-JAY) CHIRAYU Extension Scheme, Death-cum-Retirement Gratuity, Maternity Benefit, and ex-gratia compassionate financial assistance or compassionate appointment through Haryana Kaushal Rozgar Nigam. The consolidated monthly remuneration will see an increase twice a year, corresponding to the increase in Dearness Allowance, with the Government also having the power to notify an annual increment. The Act also includes provisions for the Government to amend or revise the Schedule and to make rules for matters concerning discipline, penalties, and appeals. It grants protection for actions taken in good faith and includes a power to remove difficulties for a period of two years from its commencement. Significantly, the Act also amends the Haryana Guest Teachers Service Act, 2019, by removing the previous cap on their consolidated honorarium and extending to them the benefits specified in the First Schedule of this new Act. This Act repeals the Haryana Contractual Employees (Security of Service) Ordinance, 2024, while saving actions taken under the repealed Ordinance.

Keywords: Haryana, Contractual Employees, Service Security, Government Jobs, Employee Benefits, Superannuation, Guest Teachers, Labour Law, Haryana Government Geo Tags: India, Haryana District: Not Applicable