Rajanassociates
Legal Counsel
Malikjs
Gm (hr)
Sumitsaxenagist
Human Resources
P K Misra
Chair Professor And Head, Mhrm In Indian
+5 Others

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Can we hire 'Retainers' for a regular (non specialised) work in the organisation and keep them employed long duration. What are the legal issues involved here. Can they claim permanancy of job ? We are taking of engaging retainers (in hundreds) with similar educational background / profile who are otherwise employed as full time employees.
From India, New Delhi
Retainers are just like consultants. They can be employed /retained for a short period or for a longer period. They can either work from your office or from their own premises. They have also the right to work for other organisations simultaneously.
From India, Hyderabad
My question was can they claim permanancy of employment after crossing mandated 240 days of association ?
From India, New Delhi
dear
they can not claim permanancy but mind it you have to deduct their TDS which is around 10.2% of their retainership fee and they have to raise their monthly bill.
you can not hire retainers for operating your machines.
there is no benefit to take seniors on retainership but as u want to hire in hundereds ,i feel u want to do some unfair labour practice.what type of job u want to take from them.
tks
j s malik

From India, Delhi
Retainership as good as consultant. There is no binding for permanancy. But it can be renewed based on the performance and all clauses to be incorporated in the agreement. CC

When you talk about nos in hundreds, it is permanent in nature and calls for regular employment. You can go for an alternative employment of temp staff based on your job orders. For these type of employment you can give appointment orders mentioning the job order number and close the employment condition with the stipulated period. They can' claim permanent employment.
Condition: The same thing has to be incorporated in your certified standing orders.
Otherwise, I stongly feel that your are practicing unfair labour practice.

From India, Madras
You can have retainers and deduct professional tax from their compensation at the rate of 10.2% flat. In case you add an exclusivity clause in the contract then they will not be allowed to work anywhere else. They cannot claim permanent employment ever, unless specified in the contract.
Please write back for any clarifications!
Thanks

From India, Faridabad
Dear
The test is control.If the retainer person was working independly and you had no control over him i.e by Supervision he is a genuine retainer,if not it is a sham arrangement and he can claim to be a direct hire.
With Regards
V.Sounder Rajan

E-mail :


From India, Bangalore
Retainers are generally employed on an agreement for a particular period. In case required for a longer period, it should be renewed year-wise fresh agreements. All the required terms and conditions are incorporated in the agreement and is valid for that particular period only. No Retainers can can claim permanency of employment, since the agreement is for a particular period only.
From India, Hyderabad
One more point is that, retainers never take any risk of the organisation (just like appointed advocates for court cases), all the risks generally rest with the employer. Therefore it is not advisable to entrust internal responsible jobs to the retainers.
From India, Hyderabad

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