PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Sr.manager - Hr&admin
Ceo-usd Hr Solutions
Plant Hr Head
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nanu1953It appears from the post that the person is engaged as a normal employee but to avoid compliance of PF, ESIC, Bonus, Gratuity etc. he has been designated as Consultant.
Consultant is not suppose to do daily routine work, should not have service condition like other employees. Usually consultants are not reporting regular basis like employee etc. Consultants in general are specialist.
Therefore, the person should not be treated as a normal employee as mentioned in the post. This is a trend for many organizations to engage people as Consultant to do routine jobs which is to my opinion is not the right process to engage people.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
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From India, New Delhi
As per the Agreement signed Consultant is supposed to provide proper notice /information well in advance. Have you discussed with him regarding the notice period or did he aware that he need to provide proper notice ? not sure. In such cases where ever possible try to discuss with the concerned about the requirement and if they are keen on getting relieved get a self declaration letter from that that he /she want to get relieved and not willing to provide notice period & their consent to adjust/forfeit the balance payable towards shortfall in notice period.
From India, Madras
ommygautami want to say on the discussed topic that if he requested for immediate relieve on written and you had accept it then to recover the notice period is injustice. because you accept his request and you are giving the consent to him as per his request. you have to check the communication between the both ( consultant and Management ) . to give the notiuce as per agreement is the the laibility of employee/consultant but it is in hand of management, to relieve him before the notice also but without notice pay recovery. its depend on relation and loyality among the both.
From India, Rudarpur
RajaHRDPRO@vlakshminarayanan thank you for the response. Yes everything about the notice period is informed well in advance especially on the day of joining. And also mentioned in the agreement.
From India, Bengaluru
Ok then it is a breach of contract on the Consultant part.
You can communicate to him through RPAD saying that
" as per the terms and conditions of Consultancy Agreement you are supposed to give 30 days notice where as you had submitted resignation and left on__ thereby violated the terms and conditions of Consultancy Agreement. Now you are hereby directed to report to office and complete balance notice period on or before____ failing which it will be presumed that you are no longer interested to complete the notice period and we will be constrained to terminate Consultancy Agreement dated.... by the closing hours of.... Full and final Retainer fee payable to you, if any , will be adjusted against your shortfall notice.
Acknowledge receipt of this communication. "
Wait for his reversion if no response send official termination letter and close the file
From India, Madras