I need a suggestion on the gifting policy. We plan to give Diwali gift boxes to all our employees (including outsourced members) with the principal employer logo on them. Is there any compliance risk involved in this?
From India, Bengaluru
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From India, Bengaluru
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Hi, It is just gift boxes and no compliance risk involved. What compliance risk you are anticipating ?
From India, Madras
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1015From India, Madras
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Plan to give Diwali gift boxes to all your employees (including outsourced members) is a good decision. Using the logo of the principal employer is bad and illegal. Obtaining consent from the principal employer is essential in this matter. You should use your own logo on the gifts and mention the site of the principal employer on them. This approach would address your concerns effectively.
From India, Mumbai
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From India, Mumbai
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It's very much normal and a welcome gesture on the part of PE to distribute gifts on festivals, mostly during the Diwali season, and generally sweets or dry fruits boxes. There is no risk whatsoever in printing PE's logo on the boxes. It's been going on for many years now, and no risk is involved. The PE regularly distributes such boxes to their own regular employees, and the same is extended to contract employees too. If so, what kind of risk can one expect by doing so? We have several such PE clients doing this for many years now.
From India, Bangalore
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From India, Bangalore
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The risk comes from claims of contract workers that this is proof that they are a part of the staff of PE. And that there is no distinction between them and direct permanent employees.
However, that cannot be the main argument in a court or investigation. If there is no other evidence, then just a Diwali gift with a name and logo is not evidence of a direct relationship between PE and Contract Workers. However, it can be 'collaborative' evidence if there is other evidence of such a direct relationship.
Further, I do not think that the boxes are given only to workers. So keep evidence that it is distributed to all: employees, clients, customers, support services, vendors, security staff, etc. That will be a good idea.
From India, Mumbai
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However, that cannot be the main argument in a court or investigation. If there is no other evidence, then just a Diwali gift with a name and logo is not evidence of a direct relationship between PE and Contract Workers. However, it can be 'collaborative' evidence if there is other evidence of such a direct relationship.
Further, I do not think that the boxes are given only to workers. So keep evidence that it is distributed to all: employees, clients, customers, support services, vendors, security staff, etc. That will be a good idea.
From India, Mumbai
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Contract employee & Principal employer 2017.pdf