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Hi, Wanted to check can we issue a consultant letter to the employee who was hired as a permanent employee but was asked to leave during his probation due to non-performance. He worked with us for 2 months only.
From India, Mumbai
Dear Satbir_bir,
During probation you asked the employee to leave the job with in two months time.
Now you wish to maintain your record showing the concerned employee was hired by you for two months as consultant.
You need to have invoice from the so called employee for professional service rendered by him and his payment is to be settled against this invoice.
If he falls under I.Tax bracket, then due TDS is to be deducted from his payment and issue him Form 16A.
This advise is given to you, since the so called employee worked with you only for 2 months and you need to avoid showing his name on your muster roll for various reasons.
Regards,
Akhil Bhartiya

From India, Mumbai
Dear Satbir,
Whether you issued any letter to the person before joining your employment?
If not issued with any appointment letter to said employee, then where from the terms of probation comes.
Why do you want to consider the person under 'Consultancy'? How do you do that in absence of the document & person to sign agreement? Whether you paid during the period of engagement to the person or have created any ID under EPF and ESI?
If all these are absent, call the person pay for his services and take a note of undertaking self declaration that his turnover is less than 20lakh.

From India, Mumbai
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