Can a person be a employee and a independent contractor at the same time in same company what is legal issues come for offering to do contract jobs with manpower our what i do
From India, Hyderabad
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5From India, Hyderabad
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If he is a workman, then as per the Factories Act, there is a restriction on double employment. As far as the employee is concerned, it depends on the policy of the organization. Generally, it is clearly stated in the appointment letter that during the tenure with the company, a person cannot take on alternate employment. Again, I would say, it differs from company to company.
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From India, Mumbai
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From India, Mumbai
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Employee vs. Independent Contractor
If a person is an employee and falls under the terms of employment, they cannot be considered a contractor. If the individual is found to be performing the same work or engaged in another activity, legal complications may arise, and the employer can take action against the employee.
From India, Gurgaon
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If a person is an employee and falls under the terms of employment, they cannot be considered a contractor. If the individual is found to be performing the same work or engaged in another activity, legal complications may arise, and the employer can take action against the employee.
From India, Gurgaon
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No, it's not possible. At the same time, one person cannot be enrolled in two registers as a contractual employee and in another case as a permanent employee. Either he has to be deemed a contractual or permanent employee to the principal employer. The nexus of two relations with the employer at the same time cannot exist in an engagement of employment.
From India, Calcutta
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From India, Calcutta
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An employee cannot be an independent contractor in the same company where they work because there are chances of engaging in malpractices in day-to-day company affairs. If the employee focuses on their contract work, they may neglect their office responsibilities.
Questions to Address
Furthermore, please address the following questions that have arisen:
- How has your company awarded a contract to an employee?
- Is this practice acceptable in your company?
- What percentage of profit is given to them for supplying manpower?
- How many individuals have they engaged in your company?
- Are there any issues in your company with directly hiring manpower?
- Has this matter been discussed within your company?
- If so, what is the management's stance on this?
Thank you.
From India, Kumbakonam
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Questions to Address
Furthermore, please address the following questions that have arisen:
- How has your company awarded a contract to an employee?
- Is this practice acceptable in your company?
- What percentage of profit is given to them for supplying manpower?
- How many individuals have they engaged in your company?
- Are there any issues in your company with directly hiring manpower?
- Has this matter been discussed within your company?
- If so, what is the management's stance on this?
Thank you.
From India, Kumbakonam
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf