Dear Friend
When you hire a person as a retainer and pay him a monthly retainership fee, you are not employing him on regular basis. He is being paid fee so that you have a right to ask him to do a job ( jobs as per the agreement with him) as and when requirement arises. Normally retainer ship agreement have two types of payments - one retainership fee and the other visitation charges on daily or weekly or monthly basis.
As regards the issue of 240 days service, it is alltogether different proposition. If you employ a person against regular wages directly, and he completes 240 days service, then he would be deemed to have completed one year regular service. In such a situation, the provisions of ID Act 1947 for retrenchment will be attracted as and when you want to discontinue his employment.
I am retainer for three firms presently. I get monthly retainership fee and visitation charges on daily basis when the firms call me to do work for them.
P K Misra
From Korea, Samsung
1When you hire a person as a retainer and pay him a monthly retainership fee, you are not employing him on regular basis. He is being paid fee so that you have a right to ask him to do a job ( jobs as per the agreement with him) as and when requirement arises. Normally retainer ship agreement have two types of payments - one retainership fee and the other visitation charges on daily or weekly or monthly basis.
As regards the issue of 240 days service, it is alltogether different proposition. If you employ a person against regular wages directly, and he completes 240 days service, then he would be deemed to have completed one year regular service. In such a situation, the provisions of ID Act 1947 for retrenchment will be attracted as and when you want to discontinue his employment.
I am retainer for three firms presently. I get monthly retainership fee and visitation charges on daily basis when the firms call me to do work for them.
P K Misra
From Korea, Samsung
Hi ,
Please could you forward me a contract letter for retainer ship . I want to add following points in the letter like the person will be on call basis , he will be required for discussion with existing and proposed clients, he might have to travel anywhere in India.
Please forward the same at [IMG]https://www.citehr.com/misc.php?do=email_dev&email=bmFpbmEubGl0dGxlZ2lybE BnbWFpbC5jb20=[/IMG]
Thanks
Shweta
From India, New Delhi
Please could you forward me a contract letter for retainer ship . I want to add following points in the letter like the person will be on call basis , he will be required for discussion with existing and proposed clients, he might have to travel anywhere in India.
Please forward the same at [IMG]https://www.citehr.com/misc.php?do=email_dev&email=bmFpbmEubGl0dGxlZ2lybE BnbWFpbC5jb20=[/IMG]
Thanks
Shweta
From India, New Delhi
Dear All,
My question is this, if any employee cross the 58 years age and our Appintment letter said for retirement, then why we can use the retainership agreement for any employee for take the service of any senior empployee.This by legally right or wrong
Regards
Hari Nagvanshi
From India, Delhi
My question is this, if any employee cross the 58 years age and our Appintment letter said for retirement, then why we can use the retainership agreement for any employee for take the service of any senior empployee.This by legally right or wrong
Regards
Hari Nagvanshi
From India, Delhi
Hi hari,
Taking the services of some persons on retainership agreement is legally right. Even in some cases, Govt. establishments are also doing such practices. Because, some specially talented & experienced persons are considered as golden-egg laying hens. Hence they are employed even at their 70s. Some times, in private organisations, at the intension of top managers / directors, some people are employed on humanitarian ground, after their 58 yrs age.
Regards
From India, Hyderabad
Taking the services of some persons on retainership agreement is legally right. Even in some cases, Govt. establishments are also doing such practices. Because, some specially talented & experienced persons are considered as golden-egg laying hens. Hence they are employed even at their 70s. Some times, in private organisations, at the intension of top managers / directors, some people are employed on humanitarian ground, after their 58 yrs age.
Regards
From India, Hyderabad
Dear,
Is it correct legally or from an HR perspective to sign an employment on a retainership basis without any retainership agreement or any retainership fees, only a commission that is not distinctly defined (as it may vary from project to project based on project cost)? Can this type of job be entered by signing just a two-page letter mainly containing NDA terms?
Moreover, can such a job be defined for a limited period? What if the commissions are not paid as mentioned in the letter (percentage not distinctly defined), giving some false/unjustified reasons after availing services (which may include critical initiation/introduction leading to the finalization of any deal)?
Appreciate your advice at the earliest.
Thanks,
Partha
From India, New Delhi
Is it correct legally or from an HR perspective to sign an employment on a retainership basis without any retainership agreement or any retainership fees, only a commission that is not distinctly defined (as it may vary from project to project based on project cost)? Can this type of job be entered by signing just a two-page letter mainly containing NDA terms?
Moreover, can such a job be defined for a limited period? What if the commissions are not paid as mentioned in the letter (percentage not distinctly defined), giving some false/unjustified reasons after availing services (which may include critical initiation/introduction leading to the finalization of any deal)?
Appreciate your advice at the earliest.
Thanks,
Partha
From India, New Delhi
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