Madhu.T.K
Industrial Relations And Labour Laws

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Hi, i am working in a company as a Consultant for the last 3 years. My total contract period is 5 years. In the beginning, the company has given me a individual consultant agreement. In the agreement, they didn't mention about increment. Now after three years, when i am asking for the increment, the HR people are saying that there is no such clause in the agreement hence they can't give the increment. Now my question is shall i eligible for the increment. what sort of action i need to take if the company rejecting the increment.
Kindly advise.

Hi,
Nobody can claim increment as right.
You can claim under the following circumstances.
1. If you are being paid less than min. wages as on date.
2. If most of the employees in the company got increment and only very few are not; if you have measurable performance.

When you are not an employee how can you say that you should be given increment? Even if you are getting less than the minimum wages (that will never happen to a Consultant, anyway) or even if all other employees have been paid increment,you cannot demand it because you are appointed on certain specific terms and conditions mentioned in the Consultancy Contract. It is okay if the contract has a provision that after each year/ two years/ three years the remuneration will change. But since there is no such clause you cannot demand it. After all you are a consultant and not an employee who may not notice the contents of the appointment letter in the hurry to join an establishment and being a consultant you should have gone through the contents of the contract before agreeing or signing.
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