Dear Team,
We hired a CONSULTANT, who worked for 1 month and 10 days. As per the salary cycle, he got the CONSULTANT FEE for that one month as the first month's salary.
However, he "resigned" and requested immediate relieving on the 10th day of the 2nd month and quit without notice period. Ideally his 10 days pay is still pending.
As per the CONSULTING AGREEMENT, the notice period is 1 month.
Please suggest for the following questions:
1. Can we adjust the10 days pay as notice recovery?
2. Should we pay him the remaining salary as full & final settlement amount?
Any other suggestions please provide
Regards
From India, Bengaluru
2We hired a CONSULTANT, who worked for 1 month and 10 days. As per the salary cycle, he got the CONSULTANT FEE for that one month as the first month's salary.
However, he "resigned" and requested immediate relieving on the 10th day of the 2nd month and quit without notice period. Ideally his 10 days pay is still pending.
As per the CONSULTING AGREEMENT, the notice period is 1 month.
Please suggest for the following questions:
1. Can we adjust the10 days pay as notice recovery?
2. Should we pay him the remaining salary as full & final settlement amount?
Any other suggestions please provide
Regards
From India, Bengaluru
It 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
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
Hi,
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
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
i 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
From India, Rudarpur
@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
From India, Bengaluru
Hi,
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
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
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx