We would like to hire candidates for voice process who have India Aadhaar and PAN numbers but are not Indian citizens. They would be either on a student visa or internship visa. Can we onboard them with the designation as Translator/CSA-French, etc.? Can we use the consultant agreement to onboard them without any litigation?
From India, Chennai
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From India, Chennai
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Dear Neeraja,
It appears that you have confused Indian citizens residing in India with Indian citizens working or studying abroad. Please note that all Indian citizens, whether residing in India or not, are issued with the Aadhaar card, PAN Card, etc. Citizens of other countries are not issued these vital identification documents.
The replies to your other two questions are given below:
Can we onboard them with a designation as Translator/CSA-French, etc.?
Yes, you can give a designation of your choice. It is beyond the purview of the prevailing labor laws.
Can we use the consultant agreement to onboard them without any litigation?
It depends on the nature or type of work that your company assigns to them. If the work is equivalent to that of a regular employee, if they are expected to work fixed hours per day, then they cannot be classified as "consultants." It is advisable to employ them as regular employees of the company, making routine PF/ESI deductions as applicable. Even if their place of work is abroad, all their employment conditions will be governed by Indian labor laws. They should be issued a proper appointment letter like employees working in your India office.
The heading of your post is "Hiring Internship." If you intend to hire students as interns, they must provide an authorization letter from their college authorities to work as interns. Internships are typically for a limited period and should be part of the course curriculum. Employing students as interns and having them work as employees may save the company resources, but labor authorities could raise objections.
Thanks,
Dinesh Divekar
From India, Bangalore
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8219It appears that you have confused Indian citizens residing in India with Indian citizens working or studying abroad. Please note that all Indian citizens, whether residing in India or not, are issued with the Aadhaar card, PAN Card, etc. Citizens of other countries are not issued these vital identification documents.
The replies to your other two questions are given below:
Can we onboard them with a designation as Translator/CSA-French, etc.?
Yes, you can give a designation of your choice. It is beyond the purview of the prevailing labor laws.
Can we use the consultant agreement to onboard them without any litigation?
It depends on the nature or type of work that your company assigns to them. If the work is equivalent to that of a regular employee, if they are expected to work fixed hours per day, then they cannot be classified as "consultants." It is advisable to employ them as regular employees of the company, making routine PF/ESI deductions as applicable. Even if their place of work is abroad, all their employment conditions will be governed by Indian labor laws. They should be issued a proper appointment letter like employees working in your India office.
The heading of your post is "Hiring Internship." If you intend to hire students as interns, they must provide an authorization letter from their college authorities to work as interns. Internships are typically for a limited period and should be part of the course curriculum. Employing students as interns and having them work as employees may save the company resources, but labor authorities could raise objections.
Thanks,
Dinesh Divekar
From India, Bangalore
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Sample Internship Offer Letter.doc