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anand das (service)     11 June 2010

legal relationship in employment

Company 'A'  engages /appoints person 'B' for fixed period of time say 4 years.

Can 'B' be related to company 'A' as an independent contractor ?

Can 'B' be entitled for regular employee benefits of company 'A' ?



Learning

 4 Replies

Vikas (Legal Associate Foreign Direct Investment)     11 June 2010

Independent contractor are not entitled to company benefits like PF . But can claim bonus on billing hours and Transportation  allowance

anand das (service)     11 June 2010

Thank you Vikas for replying. 

But can such relationship i.e. between employer and person employed for fixed period of time for 4 years be termed as that of an employer and independent contractor?

What is bonus on billing hours?

Thanks once again.

V. VASUDEVAN (LEGAL COUNSEL)     12 June 2010

The query needs precise details. Is the contract is for an individual to cover regular work of the company.-- Fixed Term employment is usually resorted for short assignments of not more than a year.  Please post a detailed query

vasudevan

anand das (service)     30 June 2010

Yes. The contract is meant for an individual and for regular work of the company. The circumstances are like this-  

The company wants to appoint one person for the post of Asst Vice President.  However, the said person is quite aged about 65 years old. And company wants to take his services for 3-4 years only.  Also due to certain other reasons company does not want to make contract with him for a short fixed period of time of 1 year term and again renew for next 2 to three times. 

Please guide in what capacity this person should be engaged.

Thanks and regards

 


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