sac_makOur company wants to recruit near about 500 resources for whom salary is Rs. 5000/- pm. Can any of you guide me how can we pay them the salary? We have to pay Rs. 5000/- pm to them without any deduction. Should we hire them as consultant or should we hire them as Employee? If as consultant then what are the formalities which need to be follow?
From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Seasoned Ir Professional
Agm - Hro, Compensation & Benefit Mgt,
Mehrunisa BasimaThe only available trick is that appoint them as part time employees. But if any of the employee compliant then you will be in a trouble.
From India, Kochi
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email@example.comYou can take them as consultant on contract basis and give them whole amount without any deduction.
From India, Mumbai
kumarvijuEven if you appoint contract labour also the statutory such as minimum wages, PF , ESI,Bonus etc...should be covered . In case if the contractor have not paid the same then the principal employer will be responsible for the same.
From India, Bangalore
MOUMIKAYou may conduct campus interview and recruit as Trainees with Stipend mode of payment. You may also recuit them through a third - party and agency or a consultancy.
From India, Calcutta
MOUMIKAYou may recruit them as Trainees with consolidated salary or stipend.
You may empanel with a third-party (agency/consultancy) & recruit through them.
You may also recruit them as part-time staff or seasonal staff.
You may recruit them as contract staff under your payroll itself as 'Fixed Term Appointment' where your mode of payment is similar to a consolidated salary with Basic & Hra only.
From India, Calcutta
I have seen different views on the subject. Please first keep in mind if your 5000 is not less than minimum wages. However, you engage them but if they are not getting minimum wages you are legally and morally wrong. Also by avoiding their statutory benefits you are again doing wrong with them. If their work is part time you can engage them as part time workmen but if it is truly part-time. Please understand that while taking work full time and paying less is morally and ethically wrong as in such case you are only coercing them. They are the one who earn you profits.
Professionally speaking i will not advice you to get into this as you might end up getting in to trouble with just one complaint to Labour Department and/or various Authorities. Also see denying only ESIC itself, which is other applicable on them in any case, may lend you in deep trouble if one inspection happens. Also this will deny the employee such a health benefit which otherwise he should get. Hence rather then promoting such things we as HR fraternity should condemn such arrangements which are anti-employee.
Hope you all consider this view.
From India, New Delhi
Hire as inturns thru institutions or hire as an apprentiee.
would like to understand why your company do away from certain welfare acts which protect employee and employer from certain risks. Minimum Wages Act will make to pay wages as per act. the amount of wages you proposed is much below the wages defined under MWA. If one do not follow the basic rules of the coverage of acts, the risk is unimginable. however, as a HR guy , you should convey your peace of mind to the managerment, leave the rest.
From India, Hyderabad
Recruiting people as a consultant is quite problem. The organisation will pay them a Professional fees to the consultant and for the same the organisation is suppose to deduct TDS as 2% or 10% as applicable. And the company has to issue Form 16A for the same every quarter by filing the 26Q.
If you recruit them as a contract employee even then also the principle employer is liable to pay ESI and PF for the employees deployed. You can even recruit them as a trainee and pay them stipend for the probation period (training period) alone and also you cant keep them as trainee for a long period of employment.
The above said is as per knowledge if anything wrong kindly advice me.
From India, Madras