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Reply to your query is available in the previous posts. There is no restrictions to appoint a retired person either on the regular basis or on Fixed Term Contract, except when it's not permitted as per your HR policy/SO. There is no law which restricts such an appointment. In this case the appointee, when retired he would have withdrawn his EPF balances and closed his EPF a/c. So reopening the closed a/c is beyond question. At the same time if opening a fresh a/c is possible can be done, however EPS is not possible.
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Hello, I'm Varun working as Young Professional in one of the PSU's government sector miniratna category I . I'm hired as a fixed term contract with consolidated compensation of Rs. 50000/- per month. Direct 10% TDS deduction.
Is it a mandatory rule to give PF, gratuity etc??
Except salary i'm not even getting a single benefit from the organisation. Please reply...
If your salary at the time of joining is above Rs 15000, you can be excluded from PF. Regarding gratuity,if you complete five years you will become eligible for gratuity. For deciding the eligibility, FTC is not an issue. What is relevant is at each spell of one year, there should be minimum 240 paid days.
You can appoint him either a retainer or a consultant for a fixed period.
This arrangement, however, can be extended or stopped depending on exigency of work.
Under this you as an employer, need to make TDS deduction @ 10%.
If his income from all sources exceeds 20 lacs per annum, he need to get himself registered under the GST .
What are the statutory benefits to be given for fixed term employees?
This issue is taking various dimensions, some are not relevant. To recollect, issues arising here are -
1) Whether the employees appointed on FT contract are eligible to EPF/ESI/Bonus/Gratuity, leave at par with any other employees or not.
2) How about their termination
3) Whether TDS @ 10% is right or not and should they be treated like 'Consultants'
4) Applicability of Regn. under ST/GST.
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My views are -
1.When a person is employed as 'Employee' there is no room for debating whether they should be treated like 'consultant' and therefore applying TDS @ 10% is misplaced.
2. Reg. benefits as in (1) above, most of our colleagues have opined in favour of extending these benefits to FT 'employees' and strongly feel these benefits should be extended, rightfully so as per the applicable acts. There is no escape in the given situation.
3.Termination-with or without compensation should be dealt as per the conditions incorporated in the appointment letter. If this is not stated, termination compensation,if any is not applicable. Which also was discussed in separate query in the forum.
4. When a person is treated as an 'employee' (irrespective of the term-FT or otherwise), there is no question of applying GST & Regn. And therefore their remuneration cannot be treated as 'turnover'.
FTC employees, ie, employees hired for a fixed period, are employees who should be given PF, ESI, Bonus, Gratuity etc, provided they follow the leave rules,office timings, the regulation that he should not be doing a profit of business of his own or working for any remuneration elsewhere while working with you, rules regarding dress codes, travel policy etc.
His services will be automatically terminated once the term is over.It can also be terminated before the said period by giving notice as mentioned in the terms of employment.
He is getting salary and as such no need to treat him like a professional.
Please find a case on this subject.

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