Response

As long as you agreed to it, it’s completely lawful for a retainer to apply on a continuing or indefinite basis. A retainer is a type of contract in which you commit to be available or on-call for work in exchange for a fee. By agreeing to a retainer, you are accepting all of its terms and conditions, just like any other contract. A corporation cannot forcibly impose a contract on you, nor can it amend the terms of the retainer without your consent.

Contractors, not employees, are subject to retainers. If you were previously employed, your employer cannot just place you on retainer without first terminating your position legally. In such instances, you may be eligible for a redundancy payment, and you will have the option of signing a retainer contract.

Generally speaking, a retainer is not an employee. Despite the fact that the relationship is based on mutual understanding. You cannot discuss your legal rights until you have read the agreement. Consultants are typically hired to provide services. Thus, there is a difference between a contractor and an employee as well. A contractor usually signs a contract with a company to offer a service on a pre-determined timetable.

A contractor, on the whole, has fewer legal rights than an employee, but also fewer responsibilities and constraints in the workplace. Employees, on the other hand, are required to carry out their own work duties, but they typically enjoy employee benefits such as pensions, benefit packages, and various forms of paid leave that are not typically available to contractors.

Reference: NA

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LAWAYZ-2023-549