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
14th January 2010 From India , Delhi

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.
16th January 2010 From India , Nagpur
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.
16th January 2010 From India , Calcutta
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 .
himanshu pathak
19th January 2010 From India , Ahmadabad
Share what you know with your industry peers. Discuss problems, ideas, solutions openly without getting into company or personal specifics. Create Account

Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.

About Us - Advertise - Contact Us - RSS   On Google+  
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network