@Helping-You-Hire
A person working full-time exclusively for a single employer and a person working for multiple employers can be termed as a consultant. However, in the first case, there is an employer-employee relationship, whereas in the second case, there is no employer-employee relationship. Under any circumstances where there is an employer-employee relationship, the person is entitled to all statutory benefits, even if he/she is working as a consultant.
It is important to note that any contract or agreement signed between two or more people that is contrary to the law or act of the time is null and void from a legal point of view.
From India, Pune
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177A person working full-time exclusively for a single employer and a person working for multiple employers can be termed as a consultant. However, in the first case, there is an employer-employee relationship, whereas in the second case, there is no employer-employee relationship. Under any circumstances where there is an employer-employee relationship, the person is entitled to all statutory benefits, even if he/she is working as a consultant.
It is important to note that any contract or agreement signed between two or more people that is contrary to the law or act of the time is null and void from a legal point of view.
From India, Pune
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This is for HR professionals who are decision-makers in employment-related matters.
The courts in India have reviewed such conditions (establishing employer-employee relationships) and categorically ruled that any "negative covenant" in an employment contract does not curb an employee's rights to seek statutory benefits.
Regards,
Kamal
From India, Pune
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The courts in India have reviewed such conditions (establishing employer-employee relationships) and categorically ruled that any "negative covenant" in an employment contract does not curb an employee's rights to seek statutory benefits.
Regards,
Kamal
From India, Pune
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Dear All,
We have advisors. However, despite treating them as advisors, they still have cheque signing power, etc. I haven't mentioned their names in the attendance register. Is it required? Like others, they also receive a salary per month, with regular professional tax deductions. I believe this is the wrong procedure.
I kindly request clarification from all of you on whether this procedure is correct or incorrect.
Regards,
Murali
From India, Hyderabad
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We have advisors. However, despite treating them as advisors, they still have cheque signing power, etc. I haven't mentioned their names in the attendance register. Is it required? Like others, they also receive a salary per month, with regular professional tax deductions. I believe this is the wrong procedure.
I kindly request clarification from all of you on whether this procedure is correct or incorrect.
Regards,
Murali
From India, Hyderabad
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Dear,
What does their appointment order say? Are they Advisers, Consultants, or Employees (in which case, what Designation)? If they are employees, then you should enter them in your attendance register. If not, you need not list them in the General Attendance Register. However, you can maintain a separate Attendance Notebook to record their working days (Advisors or Consultants do not necessarily need to sign the Attendance Register, but you will keep an Attendance Book to have a record for remuneration or Conveyance Expenses, etc.). TDS, as applicable, has to be deducted.
There is no objection to giving them cheque signing authority or making monthly payments.
Regarding Professional Tax, they need not be included as they are not considered your employees.
It is common for retired government officers to be engaged as Advisers or Consultants to handle statutory matters like Excise, Tax/VAT, IT, ESI & PF, etc. They could be part-time or full-time depending on the arrangement between the firm and these individuals.
Kumar S.
From India, Bangalore
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What does their appointment order say? Are they Advisers, Consultants, or Employees (in which case, what Designation)? If they are employees, then you should enter them in your attendance register. If not, you need not list them in the General Attendance Register. However, you can maintain a separate Attendance Notebook to record their working days (Advisors or Consultants do not necessarily need to sign the Attendance Register, but you will keep an Attendance Book to have a record for remuneration or Conveyance Expenses, etc.). TDS, as applicable, has to be deducted.
There is no objection to giving them cheque signing authority or making monthly payments.
Regarding Professional Tax, they need not be included as they are not considered your employees.
It is common for retired government officers to be engaged as Advisers or Consultants to handle statutory matters like Excise, Tax/VAT, IT, ESI & PF, etc. They could be part-time or full-time depending on the arrangement between the firm and these individuals.
Kumar S.
From India, Bangalore
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Do they have an appointment or any board resolution? Retired senior employees are given certain powers even after retirement, but there should be some written documentation. If you could forward such a document, it would be easier to provide a proper response.
From India, Madras
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From India, Madras
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From last one month i am not receiving cite hr mails kindly clarify the reason as i am five year old member
From United States, Chicago
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From United States, Chicago
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Dear All,
Has HR Cite stopped sending emails to all the members, which members usually received on a daily basis? I have been consistently raising this issue daily, but I have not received any replies from anyone regarding the matter. I have been associated with HR Cite for the past 5 years. Could you please clarify my doubt?
Thank you.
From United States, Chicago
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Has HR Cite stopped sending emails to all the members, which members usually received on a daily basis? I have been consistently raising this issue daily, but I have not received any replies from anyone regarding the matter. I have been associated with HR Cite for the past 5 years. Could you please clarify my doubt?
Thank you.
From United States, Chicago
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Dear Sir,
I have recently joined a new company as an accountant, and I noticed that TDS is being deducted from my salary each month, amounting to Rs. 1000/- from 1st April 2014 to 28th February 2015. The total TDS liability for this period is Rs. 11000/-. Could you please guide me on how to calculate the TDS interest on this amount? I would appreciate it if you could provide me with a step-by-step explanation.
Thank you for your assistance.
Regards,
Mohit Jain
From India, Udaipur
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I have recently joined a new company as an accountant, and I noticed that TDS is being deducted from my salary each month, amounting to Rs. 1000/- from 1st April 2014 to 28th February 2015. The total TDS liability for this period is Rs. 11000/-. Could you please guide me on how to calculate the TDS interest on this amount? I would appreciate it if you could provide me with a step-by-step explanation.
Thank you for your assistance.
Regards,
Mohit Jain
From India, Udaipur
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