I have around 2.7 yoe. So I switched from my first company like 8 months ago. The offer letter states that i will be working as a consultant/partner. Also there’s a FAQ section there that states why they hire as consultants and not as employees. But however i feel like i am working as a regular employee and like many people said these people are doing it so that they can avoid indian tax laws. Epf, etc.
All this time I thought i am working as a full time employee but is it any different?. I am really scared now as i think when i switch companies in future it will be a huge problem. The most important point also being that they are not contributing to my pf account
Someone please clarify if i should be worried about this ? Is this experience gonna count ? If not how can I convince the HR of a potential new company to count this experience ? Also note that my payslip says ‘Invoice/Retail”.
A few things that i think i can do:
1. Tell the recruiter upfront that i switched to a consultant so that i can wfh for few months due to my illness(made up). However i am looking to get back now.
2. Don’t tell upfront the recruiter that its a consultant hiring. Later on when they asks, i can try to convince them that it is the company’s policy
Is there any better way than these ? Please guide me on the best way to convince the potential new HR
From India, Guwahati
All this time I thought i am working as a full time employee but is it any different?. I am really scared now as i think when i switch companies in future it will be a huge problem. The most important point also being that they are not contributing to my pf account
Someone please clarify if i should be worried about this ? Is this experience gonna count ? If not how can I convince the HR of a potential new company to count this experience ? Also note that my payslip says ‘Invoice/Retail”.
A few things that i think i can do:
1. Tell the recruiter upfront that i switched to a consultant so that i can wfh for few months due to my illness(made up). However i am looking to get back now.
2. Don’t tell upfront the recruiter that its a consultant hiring. Later on when they asks, i can try to convince them that it is the company’s policy
Is there any better way than these ? Please guide me on the best way to convince the potential new HR
From India, Guwahati
I don't know what benefit the employer is getting by designating an employee as 'consultant'. A consultant attending to regular work is an employee only, and he is entitled to all statutory benefits and social security benefits available to an employee of his salary band. It is really stupidity on the part of the employer to designate an employee as consultant who works from 9 am to 5 pm from Monday to Friday/ Saturday, following all reporting hierarchy for leaves and other HR matters. If not given PF, the EPFO can initiate action against the employer and recover both the employee's share as well as employer's share with retrospective effect of joining together with interest and damages. If such a 'consultant' is leaving the organisation after five years of service, the employer is bound to pay gratuity also. If denial of employee benefits is the sole intention of hiring as a consultant, he is wrong.
It is better, you leave the employment as soon as possible. You should disclose the actual facts to any prospect employer, that the employer has given you the position of a consultant just to avoid employee benefits as per statutes, and that you came to know about this very late. Since you have been working with a different designation, your service or skill will be accepted by the prospect employer during selection process.
From India, Kannur
4239It is better, you leave the employment as soon as possible. You should disclose the actual facts to any prospect employer, that the employer has given you the position of a consultant just to avoid employee benefits as per statutes, and that you came to know about this very late. Since you have been working with a different designation, your service or skill will be accepted by the prospect employer during selection process.
From India, Kannur
Thank you for the advice @Madhu. Also another question, should I inform the potential recruiter at an early stage (during first call stage) or later on ?
From India, Guwahati
From India, Guwahati
You should mention the designation as "Consultant" with scope of working in detail in the CV itself. Otherwise, the service certificate will not match your CV, and you may have to give clarifications for that. During the initial discussions, you can brief the employer that though your designation was like 'consultant' you were a fulltime associate with reporting hierarchy. When the HR person asks for details of EPF, you can say that you were not given PF due to two reasons; your salary was above Rs 15000 and you were designated as Consultant.
From India, Kannur
From India, Kannur
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