peekayesvasan (employee on retainer basis) 03 September 2015

Rights of a retainer employee

I am employed in a company on retainer basis for the past 18 years. My employment letter says that I am not eligible for PF/Gratuity/Leave etc. available to the regular employees of the company. I have been getting annual increase in my remuneration for the past 18 years. I would now like to quit due to poor health.

I would like to know whether I can claim leave salary as applicable to regular employees of the company ( I have been maintaining particulars of leave availed by me since joining the company). Whether I can claim PF Management Contribution on my remuneration as applicable to regular employees of the company. Whether I can claim gratuity as applicable to regular employees of the company.

Kindly provide me with guidance in this regard.

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4 Replies

HIRAL THAKKAR (ADVOCATE ) 04 September 2015

Your services is solely based on terms and conditions of retainership contract.

Regards

Kumar Doab (FIN) 04 September 2015

Were you given any salry slip, Form16?

How the tax treatment of amounts paid to you was done?

peekayesvasan (employee on retainer basis) 05 September 2015

I was not given a salary slip.I was given Form 16-A for the Tds deductions made. I have been in continuous employment for the past 18 years and I have been given annual increase every year. I was paid in full even for the days I was absent. I would like to know whether I am eligible for Gratuity, Leave Salary (as in the case of regular employees) and Management Contribution of PF if I quit now. Can I legally enforce my rights?

Kumar Doab (FIN) 05 September 2015

You need to point out and establish that employer employee relationship exists in reality/ professional is treated as an employee and is required to follow the rules and regulations similar to that imposed on its employees……………

You may find the following thread and judgment attached in it as relevant, useful and guiding torch.

https://www.lawyersclubindia.com/forum/Employees-on-retainer-ship-consultants-eligible-for-gratuity-68331.asp#.VeqGCn1-jMo

You may approach an able labor Law Consultant/Service matters Lawyer/law firm with all docs on record.