What is the difference between a fixed-term and a permanent employment contract in India?

DS

Deepak Singh

Updated June 01, 2026 · 4 min read

A permanent (or open-ended) contract continues until the employee resigns or is lawfully terminated, while a fixed-term contract is for a defined period that ends automatically on the agreed date without amounting to retrenchment. The key practical distinction is duration and how the engagement ends, not the level of statutory protection.

Importantly, fixed-term employees are entitled to the same wages, hours, allowances, and statutory benefits as permanent employees doing similar work, and under the new labour codes they are eligible for gratuity on a pro-rata basis even without completing five years. This narrows the historical gap between the two categories. Employers using fixed-term contracts must therefore provide equivalent benefits and cannot use the format simply to avoid obligations owed to permanent staff.

Download Now!

Try HROne For Free!

+91

By providing your information, you hereby consent to the HROne Cookie Policy and Privacy Policy.

By providing your information, you hereby consent to the HROne Cookie Policy and Privacy Policy.

Gartner Voice of
Customer Winner

star-icon

690+/5 (4.8 Reviews)

hrone-logo Secures Top Spot in

Best Software
Awards 2026
star-icon

2090+/5 (4.8 Reviews)

Try HROne For Free!

+91

By providing your information, you hereby consent to the HROne Cookie Policy and Privacy Policy.

By providing your information, you hereby consent to the HROne Cookie Policy and Privacy Policy.

Gartner Voice of
Customer Winner

star-icon

690+/5 (4.8 Reviews)

hrone-logo Secures Top Spot in

Best Software
Awards 2026
star-icon

2090+/5 (4.8 Reviews)