@Helping-You-Hire
A person working full time exclusively for a single employer and a person working for multiple employer can be termed as Consultant but in the 1st case there is employer-employee relationship but in he 2nd case there is no employer-employee relationship.
Under any circumtances if there is employer-employee relationship, the person is entitled for all statutory benefits, evn if he/she is working as consultant.
You should also know that any contract/agreement signed between two or more people which is contrary to the law/act of the time is null and void from legal point of view.
From India, Pune
173A person working full time exclusively for a single employer and a person working for multiple employer can be termed as Consultant but in the 1st case there is employer-employee relationship but in he 2nd case there is no employer-employee relationship.
Under any circumtances if there is employer-employee relationship, the person is entitled for all statutory benefits, evn if he/she is working as consultant.
You should also know that any contract/agreement signed between two or more people which is contrary to the law/act of the time is null and void from legal point of view.
From India, Pune
As per your void Contract with company, all terms & conditions are laid down, so just go through each & every point. As,whoever works as Consultant for any Organisation, then naturally he is not treated an Employee,he is not applicable for any welfare facilities,rather only basic infra is provided & but management of that organisation will obviously expect the results or determination more than its employees from consultant.
Consultant is one who shows the directions or helps the management for its operations/functions to be more profitable or systematic & on his suggestion management will make its employees to work in that direction.
Regards
Yogesh
From India, Pune
Consultant is one who shows the directions or helps the management for its operations/functions to be more profitable or systematic & on his suggestion management will make its employees to work in that direction.
Regards
Yogesh
From India, Pune
This is for HR people who are decision makers in matters related of employment.
The courts in India have reviewed such conditions (establishing employer-employee realtionship)and categorically ruled that any "negative covenent" in employment contract does not curb employee's rights to seek statutory benefits.
regards,
Kamal
From India, Pune
The courts in India have reviewed such conditions (establishing employer-employee realtionship)and categorically ruled that any "negative covenent" in employment contract does not curb employee's rights to seek statutory benefits.
regards,
Kamal
From India, Pune
Dear All,
We have advisors. Though, treating them as advisors, they are still having cheque signing power etc. But i have't mentioned their names in the attendance register. Is it required. But like others they are also getting salary per month by deducting regular professional tax. I think this is wrong proceedure.
Request you all clarify me whether this proceedur is correct or wrong.
Regards,
Murali
From India, Hyderabad
We have advisors. Though, treating them as advisors, they are still having cheque signing power etc. But i have't mentioned their names in the attendance register. Is it required. But like others they are also getting salary per month by deducting regular professional tax. I think this is wrong proceedure.
Request you all clarify me whether this proceedur is correct or wrong.
Regards,
Murali
From India, Hyderabad
Dear,
What their appointment order says ?- Adviser or Consultant or Employee (in which case what Designation ?). If they are employees then you should enter in your attendance Regr. If otherwise, you need not enter in the General Attendance Regr. However you can maintain separate Attendance Note Book to record their working days ( Advisors or Consultants need not necessarily sign the Att.Register but you will maintain an Att. Book so that this record will be handy to pay them remuneration or Conveyance Exp. etc.) TDS as applicable has to be deducted.
There is no objection in having cheque signing authority or making them monthly payment.
So far as Prof.Tax is concerned they need not be included as they are not treated as your employees.
It is in vogue, some retired officers of Govt. are engaged as Advisers or Consultants to take of statutory matters like Excise, Tax/VAT, IT, ESI & PF etc. They could be either part time or full time depending upon the arrangement between the firm & these persons.
kumar.s.
From India, Bangalore
What their appointment order says ?- Adviser or Consultant or Employee (in which case what Designation ?). If they are employees then you should enter in your attendance Regr. If otherwise, you need not enter in the General Attendance Regr. However you can maintain separate Attendance Note Book to record their working days ( Advisors or Consultants need not necessarily sign the Att.Register but you will maintain an Att. Book so that this record will be handy to pay them remuneration or Conveyance Exp. etc.) TDS as applicable has to be deducted.
There is no objection in having cheque signing authority or making them monthly payment.
So far as Prof.Tax is concerned they need not be included as they are not treated as your employees.
It is in vogue, some retired officers of Govt. are engaged as Advisers or Consultants to take of statutory matters like Excise, Tax/VAT, IT, ESI & PF etc. They could be either part time or full time depending upon the arrangement between the firm & these persons.
kumar.s.
From India, Bangalore
Do they have an appointment or any board resolution..Retired senior employes are given certain powers even after retirement but there will be some letter in writing. If you forward such document it will be easier to reply properly.
From India, Madras
From India, Madras
Dear All,
Has Cite hr stopped sending mails to all the members which usually members were receiving on daily basis ,as i am constantly writing on this issue on daily basis but i am not getting reply from any gentleman regarding the same as i am associated with hr cite from last 5 years ,so pls clear my doubt .
thanks
From United States, Chicago
Has Cite hr stopped sending mails to all the members which usually members were receiving on daily basis ,as i am constantly writing on this issue on daily basis but i am not getting reply from any gentleman regarding the same as i am associated with hr cite from last 5 years ,so pls clear my doubt .
thanks
From United States, Chicago
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