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Hello everyone,

Our company employs a few part-time consultants who work for a few hours a day (like 4 hours a day, etc.) for which they receive a fixed monthly fee. Since they work part-time, we have not created any leave policy for them. However, there have been instances where they ask for leave due to personal reasons. I would like to know if there should be a leave policy for them as well or if, given they are already working part-time, we should simply ask them to make up those 4 hours in any way, such as working slightly more on other days.

If we should have a leave policy for them, could you also suggest the number of days we should offer on a yearly basis?

Thank you in advance. I am looking forward to valuable suggestions.

Warm Regards, Alka Paliwal

From India, Delhi
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Dear Colleague,

Consultants are not "employees." They are experts in their field of knowledge and provide services on a visit basis. They are paid a "fixed fee" per visit. They are not eligible for any other benefits other than conveyance if agreed upon. This is the best model to be adopted. When we start giving them leave and other benefits, there will be deemed interpretations as if they are "employees." This will be the starting point for all other complications. If you engage the consultants for all 26 days in a month and pay a fee based on the number of days worked, they are deemed as "employees," and you need to extend all statutory compliances. Hence, please refrain from extending any leave or other benefits to consultants.

From India, Chennai
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Thank you for the prompt response, Dr. Sivakumar. So, in that case, as per your suggestion, should we simply ask them to complete their hours in a month instead of getting into any leave policy options? Correct?
From India, Delhi
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Actually, in most cases, consultants are paid hourly or daily rates. If they are paid monthly, they are required to complete a certain number of hours each month.

If someone needs to take leave, they will not get paid for that day or those hours. If you do not want them to lose wages or if the work needs to be completed regardless, you can ask them to work longer hours the following day to make up for it.

From India, Mumbai
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Yes, makes sense. Thank you so much Saswata Banerjee! Regards, Alka
From India, Delhi
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