Bankim Sheth
Hello Seniors,
My organization is a charitable trust. Since last more than three decades it has been engaged in health and rural development activities at tribal and rural areas. More than 200 full time employees are working in the organization.
Among these 200 employees, many of them are working since more than 3 decades. Many of these now retired or they are retiring. Among the retired employees those who are found to be useful to the organization, are being reemployed for a period of 1 year.
Kindly please let me know whether these reemployed people are eligible to get the benefit of provident fund (PF) or any other legal benefit like leaves etc. may be applicable to them ?

From India, Jhagadia
saswatabanerjee
2383

Are they being re employed as employees or freelance consultants ? The answers depend on that
From India, Mumbai
saswatabanerjee
2383

Ok,,that still does not give me the exact answer I need. So I will assume you mean that they are direct employee (not retainers) on specific time appointment.
In case they are employees, they will be eligible for all welfare, benefits, rules and duties that your company imposes on other employees. So they will be eligible for weekly off, paid annual leave (in whatever conditions the others get - pl cl sl, etc). You can also create separate policies for these employees, being a separate class, but you must be fair. In any case the provision of the shops and establishment act should be followed.
They will be required to be enrolled for pf and esic. However, they will not be required to put any share of the PF money in the EPF. Entire money will be in PF
However, of they are consultants / retainers / freelancers, the requirement would be different

From India, Mumbai
guptasc
2

After superannuantion they are not employee. Their contract period will be over after one year. They will not be entitled for the benefits applicable to regular employees. Their benifits will be as per the term of contract.
S c gupta


saswatabanerjee
2383

Gupta ji,
Fixed term employees are also employees with all benefits
What you say will be if they are appointed as consultants.
Here it seems they are reappointed as employees.
From what he wrote, they would be following an American policy a that would prevent full time employees from being shown as consultants.

From India, Mumbai
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