The Contract Workers Cannot Claim Permanency
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Hi,Please could you forward me a contract letter for retainership. I want to add the following points to the letter: the person will be on a call basis, required for discussions with existing and potential clients, and might have to travel anywhere in India.Plea...
Dear All,My question is this: if an employee crosses 58 years of age and our appointment letter states retirement, can we still use a retainership agreement to retain the services of a senior employee? Is this legally right or wrong?Regards,Hari Nagvanshi
Dear Friend,When you hire a person as a retainer and pay him a monthly retainership fee, you are not employing him on a regular basis. He is being paid a fee so that you have the right to ask him to do a job (jobs as per the agreement with him) as and when the r...
Retainership is as good as being a consultant. There is no binding for permanency, but it can be renewed based on performance, and all clauses should be incorporated into the agreement.CC
Dear,They cannot claim permanency, but mind that you have to deduct their TDS, which is around 10.2% of their retainership fee, and they have to raise their monthly bill. You cannot hire retainers for operating your machines. There is no benefit in taking senior...
Dear,Is it correct legally or from an HR perspective to sign an employment on a retainership basis without any retainership agreement or any retainership fees, only a commission that is not distinctly defined (as it may vary from project to project based on proj...
One more point is that retainers never take any risk of the organization (just like appointed advocates for court cases); all the risks generally rest with the employer. Therefore, it is not advisable to entrust internal responsible jobs to the retainers.
Hi Hari,Taking the services of some persons on a retainer agreement is legally right. Even in some cases, government establishments are also practicing this. Some specially talented and experienced individuals are considered as golden-egg laying hens, hence they...
Dear Concern,We have 10 workers (3rd party payroll) working with the same roles and responsibilities since 2015 (more than 7 years of continuous service). They have PF, ESIC, Gratuity, Bonus, and all other statutory benefits which are provided by the agency, and...
Here, my view is a little different. If there is no direct relationship of employer and employee between the management and the contractor workers, and in the employment of the contract workers, the workmen have no evidence that such engagement is a sham or camo...