employee on contract and retainer

chhuti

Dear Mr Malik
As you have said for the contract employee engagement we have to follow the provision in the Standing order likewise is there any legal provision for the employment of the Retainers ?
Where retainers differ from Employee?
Are the retainers elligible for Gratuity, Leave, Bonus and other facilities like employees?
If YES or NO please let me know the why
Best regards
chhuti

cyril

Hi,

A retainer is not an employee. He is available to you for advise, professional work as may be required. Normally, a retainer is not engaged for daily duties.The only advantage in having a retainer is his/her availability to the firm engaging him. The terms of retainer ship is governed by the conditions agreed upon. No other benefits like gratuity, bonus etc are applicable. However, if the employer wants to extend any additional benefits, it is left to its discretion as spelt out in the terms.

Cyril

saikatdharlegal

Hi Chhuti,
There is no law till date for governing the retainership
The basic defference with the retainers of an employee is that employees are answerable for their work to a superior, where retainers are just like experts or consultants who are being paid for their expertise work only.

should you have any query in future do revert.

thanks

hrpathak

first of all Company's Standing Orders are not applicable to Contactors employees engaged under Contaract Labor Act.
Fixed Term/ Contaract employee engaged by the Company will have applicability of Company's Standing Orders either certify or Model.
So far Retainer are concern they are not employee. The Company should fixed terms and conditions. But in practical situtation they should not be considered employee either in writing or in practice,
This is a seperate engagement where the person/ consultant is engaged for specific job
not as a regular employee. Do not fixed working hours or weekly off or leave as like Company's employee. If you do so he may get disadvantage .
thanks
himanshu pathak
Ahmedabad
9227233315