RajaHRDPRO
2

Hello Experts, I have a query related to the Leave policy of Procedure for CONSULTANT staff.
Consultants have the salary structure of just the TDS deduction of 10% and no other components.

Kindly provide the leave structure that can be provided to Consultants.

How many leaves can be carried forward, leave encashment details?

Regards

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Drsivaglobalhr
Doctor Siva Global Hr

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saswatabanerjee
2355

A consultant is not an employee and therefore not eligible for things like paid leave under law.
If you wish to give them additional benefit, it is not denied by law. However, it is better to have the terms added to their contract to prevent disputes later.

However, if the consultant is working like an employee (specified shift time, weekly off, subject to direct control of employer like all other employees), then he is considered as an employee and will be eligible for all benefits including paid leave applicable under factory act, shop and establishment act or standing orders.

From India, Mumbai
drsivaglobalhr
300

Dear Colleague,

Very well said and narrated by our Colleague on this important Subject.
"Consultants" can perform a range of duties that may vary considerably depending on the industry. In a nutshell, consultants provide expert opinions, analysis, and recommendations to organizations or individuals, based on their own expertise. They’re essentially fixers, serving as objective troubleshooters, and providing strategies to prevent problems and improve performance. They are to be clearly demarcated from " Employee" Hence you need to be judicious and frame the Contract very carefully. In practice Consultants are not to be extended anything other than Consulting Charges and there should be no working time, working days, leave and other perks. Better to engage then on a Consolidated pay or per visit charges like.

Some of the organizations engaged consultants but extended few benefits were later forced to treat then as Employee as the terms were not framed with clarity. Only in the Word they were Consultants but in reality they were Regular Employees. Few organizations were asked to pay huge statutory dues with retrospective effect. Hence kindly give deep thought and handle this type of engagement.

From India, Chennai

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