Workers Shown As Consultant By The Company

Dear Friends,

I would like to know the legality behind the employee shown as a consultant by one of the retailer company in india.

I work with a Retail firm as an retail Sales Executive where I am employed as a consultant. I get a debit note while getting my Monthly Salary along with Cheque on which its written Consultant. All the employees working in various branches of the company are in same condition. Here employee’s works like tea vendor, there are no statutory employment benefits like CL, PL, EPF, Sick Leave, and minimum working hours etc, even the remunerations are not as per the minimum wages act. (In the case of lower level) . Company operates the business under shop & establishment act, as per the shop & establishment rules employee have right to get all employment benefits as stated above. How the all full time workers are shown as “Consultant “this seems a injustice & ill-treatment towards the employees.

I request you to kindly clear my doubts so that some initiatives can be taken for the betterment of the victim employees.

Kanish

Firstly, write an email to your HR regarding this and ask them to clarify their policy on this. Then we'll be able to help you. Just because you are designated as a consultant, it doesn't mean you can't receive benefits. There are job profiles within the organization that end with the title "consultant," such as career consultant. So, the issue is not about the designation; it should be about unfair treatment.

Dear Seniors,

I would appreciate your guidance and suggestions on the above-mentioned matter. We are full-time employees, but on the company's papers, we are consultants (providing consultancy services as per company records, we are not listed as employees). They deduct TDS from our salary and provide us with yearly TDS certificates (paying salary as consultancy fees for the month of ...).

I just wanted to know under which law this type of employment falls. They only pay monthly wages/salary without providing any other benefits to the employees. The company's HR or management never provides clarity on this matter and they treat it as if it's a 'work if you want to, otherwise leave' policy.

Kindly advise on the same.

Thank you.