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Dear All,
I am working as an HR in one of the FMCG . I have few query related to Off Roll Employees as my company want to recruit Sales Employees in various territory but for off roll . and similarly they are asking to give them offer letter and instructed do not cut there PF ESIC or any other statutory dues . I clearly inform them this is not the appropriate and there is no any laws for off roll kind of entity in the company or this would not possible to take some on and not deduct any statutory things and give them offer letter . am I Right or Wrong ??
is there any one who will help me to resolve this problem . i am very much sure that i cant provide offer letter in any one is not working on company Pay Roll. so what is the solution . pls help me .
Govind
12th June 2017 From India, Mumbai

Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Bharat Gera
Principal Hr Consultant
Manojkamble
Sr. Hr Executive
Suresh2511
Labour Consultant
+1 Other

Dear Govind,

The best solution for your problem is hire an outsourcing company who will hire people on their roll for you. Also to avoid statutory deductions like PF and ESIC you need to keep their salary breakup over and above 21,000 /- and same need to be communicated and discussed with the outsourced vendor.
12th June 2017
Dear Manoj Ji,

Thank you very much for your precious response. i would just like to ask one thing that Is there any scope to hire Off Roll Employees in the company ????? to whom without giving any statutory or non statutory benefit ??????
12th June 2017 From India, Mumbai
To me Manoj's reply seems to be a situationally appropriate one; but it is quite doubtful whether your top management would accept the above suggestion. " Off-roll-employee" is a misnomer for indirect employment. More or less it is a casual employment with perpetual continuity.
12th June 2017 From India, Salem
Dear Govind,

It is not appropriate to appoint Off Roll employees in you company on company roll. In my opinion you should go for contractor and let him handle the statutory and other necessary requirements.
12th June 2017
Inorder to avoid all statutory benefits, hire them on contractual basis for one year with consolidated monthly salary >Rs.21,100/-. This will keep the employees out of the purview of PF, ESI & Bonus. Consolidated salary means you cannot split into Basic, HRA, Other allowance etc.
For safer side cover them either Group Personal Accident Policy or Term Life Insurance Policy. Covering under such policies reduces Company's liabilities in case of accident, accidental death etc.
In offer letter of Sales employees, you may write consolidated salary includes all allowances & incentives.

Suresh
13th June 2017 From India, Thane
Hi Govind

There is one solution that may work for you.
There is a scheme called NEEM - national employment enhancement mission. Check the need website for details.

It allows you to hire trainees for a period of 3-24 months from specified instructions that qualify under neem. They can be removed at any time without reason, and statutory deductions are not applicable to them for the duration of training. Obviously this only applies to freshers who have just finished their learning under NEEM

They are not off role since the comoany is paying them directly but probably may work for you
13th June 2017 From India, Mumbai
Dear Sir, You can hire them as a consultant, No PF, ESIC. Deduct 10% tds amount on offered salary.
13th June 2017
Will it sound ok or advisable to hire a candidate below 30 years of age as a Consultant, who is performing duty of a sales representative? Suresh
14th June 2017 From India, Thane
What is this off roll? Does it mean that the employee is not on any roll? or does it mean not on the principal company's rolls?
Not givbing PF, ESI, Bonus, Gratuity etc is injustice to the employee and unfair labour practice. What type of company is this?
15th June 2017 From India, Thane
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