Hi all, I need assistance on the Consultant role. We are hiring people for the contractual role in our organization. What is the maximum duration that one person can be in a consultant role? What will be the leave policy for them? Are they eligible for any statutory benefits?
From India, Chennai
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From India, Chennai
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Hi, Part-time consultants work on an assignment basis or for a fixed tenure as mutually agreed between the employer and consultant. It can also be fixed for a certain period subject to extension for a specific period based on work requirements. For such part-time consultants, statutory requirements like PF are not applicable; only Tax Deducted at Source will be applicable at 10% on the total retainer fee.
However, to evade statutory requirements, if you are hiring as a consultant, it is not advisable. If the hired employee is going to spend the whole time at the office like a regular employee, then all statutory benefits, including leave benefits, should be made applicable to them, like other employees on regular rolls.
From India, Madras
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1015However, to evade statutory requirements, if you are hiring as a consultant, it is not advisable. If the hired employee is going to spend the whole time at the office like a regular employee, then all statutory benefits, including leave benefits, should be made applicable to them, like other employees on regular rolls.
From India, Madras
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There is no maximum period for engaging any consultant. You can engage a consultant for a particular project or for a specific period, but there is no limit to the duration.
Consultant Engagement and Leave Policy
A consultant is not governed by the HR rules of the organization, and as such, leaves are not admissible to a consultant. The period of their absence should not be considered as 'absent' from 'work'. A consultant is a professional who can be consulted for guidance, advice, and opinions and should not be placed in a work structure with reporting requirements, following a 9 am to 6 pm, Monday to Friday work schedule, etc.
From India, Kannur
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Consultant Engagement and Leave Policy
A consultant is not governed by the HR rules of the organization, and as such, leaves are not admissible to a consultant. The period of their absence should not be considered as 'absent' from 'work'. A consultant is a professional who can be consulted for guidance, advice, and opinions and should not be placed in a work structure with reporting requirements, following a 9 am to 6 pm, Monday to Friday work schedule, etc.
From India, Kannur
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Hi Sir, Thanks for your response, Also is the consultant or gig workers are eligible for the statutory benefits from the company side like PF, ESIC medical insurance etc.
From India, Chennai
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From India, Chennai
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If the above criteria are satisfied, the consultants will be eligible for all statutory contributions. At the same time, if the consultant is a genuine consultant independent of all HR practices and procedures of the company, there is no need to cover them under any ESI/PF or make bonus payments. Gig workers are yet to get a separate employment status. However, in the present scenario, I am of the opinion that they are employees of the company they work for, and as such, you cannot avoid making statutory payments like ESI, PF, Bonus, Gratuity, etc.
From India, Kannur
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From India, Kannur
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