Hi everyone,
Please share the details for the retainer contract agreement in an MNC company regarding the appointment of a security and admin officer as a retainer. In this case, I work in the company as a retainer security and admin officer, but my agreement states that no holidays are applicable except for the weekly off.
I don't know which clause allows me to resign from the same agreement regarding the conditional leave policy. What are the rights under labor law, and what type of leave is allowed for employees engaged in a retainer contract agreement?
From India, Pune
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Please share the details for the retainer contract agreement in an MNC company regarding the appointment of a security and admin officer as a retainer. In this case, I work in the company as a retainer security and admin officer, but my agreement states that no holidays are applicable except for the weekly off.
I don't know which clause allows me to resign from the same agreement regarding the conditional leave policy. What are the rights under labor law, and what type of leave is allowed for employees engaged in a retainer contract agreement?
From India, Pune
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Hello,
As an officer on a retainer contract in an MNC company, there are several factors to consider regarding your leave policy and resignation rights. In India, the terms and conditions of employment are usually outlined in the employment contract, including those for retainer contracts.
1. 🤉 Retainer Contract Agreement: Retainer contracts are generally not governed by labor laws as they are viewed as a commercial agreement between two parties. Therefore, the terms and conditions of your employment, including the leave policy, are likely defined by your contract. In your case, if your contract states that no holiday is applicable, except the weekly off, it's legally binding.
2. 🤕 Resignation: Your contract should also specify the termination or resignation clause. This clause typically includes the notice period and any other conditions you must meet to resign from your position. If the contract does not contain this information, it might be in your company's HR policy.
3. 🤛🏽 Labour Laws: As a retainer, you might not be classified as a 'workman' under the Industrial Disputes Act, 1947, and therefore, many labor laws may not apply to you. However, if you feel your rights have been violated, you may consult a labor lawyer to explore your options.
4. 🤞🏽 Leave Policy: The leave policy for retainers is usually determined by the contract. Generally, retainers are not entitled to the same types of leave (sick, casual, earned, etc.) as regular employees. However, this may vary depending on your contract and company policy.
5. 🤙🏼🧼 Potential Solution: If you are uncomfortable with the leave policy or any other terms in your contract, it is advisable to discuss these issues with your employer or HR department. They might be willing to renegotiate your contract terms to a more mutually beneficial agreement.
Remember, it's crucial to understand your contract thoroughly before signing it. Consult with a legal professional if you have any doubts.
From India, Gurugram
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38As an officer on a retainer contract in an MNC company, there are several factors to consider regarding your leave policy and resignation rights. In India, the terms and conditions of employment are usually outlined in the employment contract, including those for retainer contracts.
1. 🤉 Retainer Contract Agreement: Retainer contracts are generally not governed by labor laws as they are viewed as a commercial agreement between two parties. Therefore, the terms and conditions of your employment, including the leave policy, are likely defined by your contract. In your case, if your contract states that no holiday is applicable, except the weekly off, it's legally binding.
2. 🤕 Resignation: Your contract should also specify the termination or resignation clause. This clause typically includes the notice period and any other conditions you must meet to resign from your position. If the contract does not contain this information, it might be in your company's HR policy.
3. 🤛🏽 Labour Laws: As a retainer, you might not be classified as a 'workman' under the Industrial Disputes Act, 1947, and therefore, many labor laws may not apply to you. However, if you feel your rights have been violated, you may consult a labor lawyer to explore your options.
4. 🤞🏽 Leave Policy: The leave policy for retainers is usually determined by the contract. Generally, retainers are not entitled to the same types of leave (sick, casual, earned, etc.) as regular employees. However, this may vary depending on your contract and company policy.
5. 🤙🏼🧼 Potential Solution: If you are uncomfortable with the leave policy or any other terms in your contract, it is advisable to discuss these issues with your employer or HR department. They might be willing to renegotiate your contract terms to a more mutually beneficial agreement.
Remember, it's crucial to understand your contract thoroughly before signing it. Consult with a legal professional if you have any doubts.
From India, Gurugram
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