Legal Question in Employment Law in India

Working as an External Consultant

Sir,

I have worked as a consultant in a Petroleum products distributor for 2 years. I have provided them managerial consultancy to obtain their ISO 9001 for their outlet and also to promote their lubricant sales. Now that one of the other government organisation seeks an eligible candiate in the petroleum sector.

1. Will I be eligible?

2. My local lawer states that a consultant is one step ahead of a normal Employee & since the company has clearly mentioned that quality of experience is required more than quantity, Will my experience be considered above a regular employee?

3. Incase i am selected for the job, and dispute arises, which suitable law/rule will be applicable to justify my position as well learned / Experienced / equipped candidate?

4. Is it necessary that my consultancy office to be registered? I am working on my own without any registration as consultant. But my income tax papers are filed under the category as HR Consultant and the income source clearly mentions from the Consultancy Charges / fees. Will that be sufficient? Also various articles have appeared in magazines with my views and Cover stories on various topics as a HR Consultant. Will that suffice?

Please kindly let me know at the very earliest.


Asked on 7/13/09, 4:59 am

2 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Working as an External Consultant

Well!!! please note that it appears the other company is requiring an employee to be hired i.e on rolls of the company. If you opt for the job and you get selected you will have to do away with your consultancy practice.

Hence think wisely and apply.

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Answered on 7/16/09, 3:16 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Working as an External Consultant

You may make an effort without indulging in speculations. Good luck.

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Answered on 7/13/09, 7:02 am


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