As far as I know, there is no legal definition of 'freelancer' under any Indian Acts.
Freelancers or consultants like lawyers, tax consultants, CAs, CSs, etc., are treated as consultants and are not employees of the company. They do not come under the purview of statutory compliance mainly because:
1. Freelancers/consultants are independent and possess some special skills.
2. They do not have any specific working hours.
3. They charge based on the amount of work done.
4. They can work for more than one company at a time.
5. They do not receive a fixed salary, but payment is made to them based on the invoice raised by them.
6. They do not need to sign an attendance register, nor do they have to apply for leave.
@Vinod Kumar Saini - regarding ESI, it is not applicable to consultants/freelancers provided that the above-mentioned conditions are fulfilled. Check www.labourlawhub.com for more information.
From India, Kolkata
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260Freelancers or consultants like lawyers, tax consultants, CAs, CSs, etc., are treated as consultants and are not employees of the company. They do not come under the purview of statutory compliance mainly because:
1. Freelancers/consultants are independent and possess some special skills.
2. They do not have any specific working hours.
3. They charge based on the amount of work done.
4. They can work for more than one company at a time.
5. They do not receive a fixed salary, but payment is made to them based on the invoice raised by them.
6. They do not need to sign an attendance register, nor do they have to apply for leave.
@Vinod Kumar Saini - regarding ESI, it is not applicable to consultants/freelancers provided that the above-mentioned conditions are fulfilled. Check www.labourlawhub.com for more information.
From India, Kolkata
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Salary-Note.doc
SALARY SHEET CALCULATION.xls