Dear Mr. Naman,
The solution of the whole matter depends upon ur approach. You have to take care the laws applicable for each snenerio.
Like, if u really want to cover the person/ under Social Security System (PF-ESI, Bonus etc.) u can treat him as an employee.
But as Mr. Harsh suggested "how will you define and confirm that a person you employed as a part-time employee is really a part-time employee ? If a person is working only for 2 days, in a week, then he can also be working as a casual or temporary or a badli employee/worker. Can you prove that the said employee in other days of the week/month is also working in some other unit/factory ".
So you have to first ask him whether he is not covered in PF-ESI in any other orzanisation.
You can ask him to submit a request letter from his side to cover himself under PF-ESI. In ur legal support, u can take declaration from his side on judicial stamp paper. In the declaration he will submit, the information provided by him are true, if any stage/time the declaration proved false his employment and Statutory coverage will deemed to be withdrawan etc.
But pls be noted, coverage under PF-ESI can also lead to entitle him under Bonus Act, Gratuity Act, ID Act. Employee Compensation Act etc (depend upon ur relations and circumstances).
In second case, if u don't want to get him under any statutory compliances, pls place a WO to sign an agreement with him in which u will appoint him as a Professional. In the agreement u can decide Price of Work, Basic of calculation (no. of day, job done, extra work etc.), payment terms, period of contract.
In the agreement it will be specifically mentioned that he is engaged as Professional and he will never deemed to be employee in the company.
But while releasing his payment you have to dedcut TDS (depend upon total volume in a F.Y.). He can claim refund of the TDS after submitting Income Tax Return.
(if his total remuneration in a F.Y. will be less than taxable income).
Hope this will meet your requirement. Fellow experienced memebrs can correct me, if any gape found.
PAN SINGH DANGWAL