Community › Forums › Legal Advice India › Advise to choose from between Contractual Agreement VS Employee Agreement
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UUser_88ecfccc
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January 24, 2025 at 4:46 pmI started working at a startup consulting firm in India and have been given the option to choose between a **contractual consulting agreement** or an **employee agreement**. Both come with their pros and cons, and Iβm trying to decide which one aligns best with me.Key factor that I have researched:
* **Job Security vs. Flexibility**: Employee agreements offer stability, while contractual ones provide more independence but questionable job security. Contracts will not have an Non Compete, effectively allowing me to explore other assignments.
Points where I am confused and would love opinions:
* **Taxes**: I am told that as a contractor, I could claim high deductions and pay very less income tax. (I think as per Section 28, Profits and Gains of Business & Profession”(PGBP), I will need to pay salary of 50% gross income). Can someone shed some light on this if this is applicable for me.
* **Future**: How can this choice affects my career growth and professional development in the long term. I will be doing an MBA sometime down the line and maybe join a larger MNC firm. Does this agreement come as a red flag in background checks or something. If I dont get any other company employment offer, I would just have this engagement on my resume, will this be a problem?
* **Visas:** Would being on a contractual agreement affect my chances of getting a US or other countriesβ visa in the future? My worry is that without TDS, PF, or a traditional employment record, visa officers might view me as less financially stable or even a flight risk. For example, while analyzing my ITR, they might see that I am not “employed” in the conventional sense. Am I overthinking, or is this a valid concern?Iβd love to hear from anyone whoβs been in a similar situation. What factors helped you decide? Are there any other challenges I should be aware of? Thanks a lot
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