Sir,
I am working in a Public Sector Company. In my organisation, there is a scheme that an engineering graduate who is the son of a regular/ex-employee will be provided on-the-job training on a consolidated stipend of Rs. 10,000 per month for one year. After one year, his terms of employment will expire, and he will receive an experience certificate based on which he can apply elsewhere. Accordingly, my son applied to undergo such on-the-job training after completing his B.Tech in IT from a recognized university. Following an interview by a duly constituted interview committee, he was selected and put on the training program.
However, shortly after joining as an Engineering Trainee, he was offered a blank copy of an agreement stating that he would be paid Rs. 10,750 basic plus DA, etc., at par with regular employees. It was also mentioned that after completing one year, his services would be regularized in the same pay scale. He was asked to fill in an apprenticeship registration form and was duly registered under the Apprenticeship Act 1962, along with a copy of the agreement outlining the obligations of the employer and employee. The company claimed a minimum fee of Rs. 1,970 per candidate from the Government under the provisions of the Act.
Now, after completing one year, neither were his services regularized nor was he paid the allowances as agreed upon in the apprenticeship contract. Instead, he continued to receive Rs. 10,000 per month and was retained in the same organization through an agency (manpower supplier) on a consolidated salary of Rs. 13,000.
The problem is that he is prepared to address his grievance to the employer through the company's duly constituted grievance redressal cell. However, as I am his father and also work in the same company, I am concerned about facing penalties if I do not discourage my son from pursuing the regularization of his services in MECON. In this situation, please advise on the appropriate steps that either I or he should take.
Thank you.
From India, Calcutta
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5I am working in a Public Sector Company. In my organisation, there is a scheme that an engineering graduate who is the son of a regular/ex-employee will be provided on-the-job training on a consolidated stipend of Rs. 10,000 per month for one year. After one year, his terms of employment will expire, and he will receive an experience certificate based on which he can apply elsewhere. Accordingly, my son applied to undergo such on-the-job training after completing his B.Tech in IT from a recognized university. Following an interview by a duly constituted interview committee, he was selected and put on the training program.
However, shortly after joining as an Engineering Trainee, he was offered a blank copy of an agreement stating that he would be paid Rs. 10,750 basic plus DA, etc., at par with regular employees. It was also mentioned that after completing one year, his services would be regularized in the same pay scale. He was asked to fill in an apprenticeship registration form and was duly registered under the Apprenticeship Act 1962, along with a copy of the agreement outlining the obligations of the employer and employee. The company claimed a minimum fee of Rs. 1,970 per candidate from the Government under the provisions of the Act.
Now, after completing one year, neither were his services regularized nor was he paid the allowances as agreed upon in the apprenticeship contract. Instead, he continued to receive Rs. 10,000 per month and was retained in the same organization through an agency (manpower supplier) on a consolidated salary of Rs. 13,000.
The problem is that he is prepared to address his grievance to the employer through the company's duly constituted grievance redressal cell. However, as I am his father and also work in the same company, I am concerned about facing penalties if I do not discourage my son from pursuing the regularization of his services in MECON. In this situation, please advise on the appropriate steps that either I or he should take.
Thank you.
From India, Calcutta
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Dear Mr. Singh,
According to the Apprentices Act, the employer is not bound to take on the apprentice after the completion of the specified period. If it's mentioned in the contract that his services will be regularized, there must be a hidden clause like - "on the basis of your performance."
So, I personally feel that writing a grievance and claiming a permanent job will not help. At the same time, even if your son writes for it, I don't think you should be punished. Because if there is a process failure, the responsibility does not lie on one single person; it's a failure on the part of the department as a whole.
Regards
From India, Hyderabad
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According to the Apprentices Act, the employer is not bound to take on the apprentice after the completion of the specified period. If it's mentioned in the contract that his services will be regularized, there must be a hidden clause like - "on the basis of your performance."
So, I personally feel that writing a grievance and claiming a permanent job will not help. At the same time, even if your son writes for it, I don't think you should be punished. Because if there is a process failure, the responsibility does not lie on one single person; it's a failure on the part of the department as a whole.
Regards
From India, Hyderabad
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Clause 3 of the Apprenticeship Act 1961 prescribes qualifications, wherein, besides other engineering graduates, B.Tech. (IT) is listed at sl. no. 101.
Clause 4 stipulates that no minor can be engaged in apprenticeship. All trainees undergoing training under the Act must register with the appropriate authority along with three copies of the agreement between the employer and trainee, stating the terms and conditions of training, employment, stipend, and obligations of the employer and employee. The act also states that if specific reasons are not mentioned by the employer or employee, the training period cannot be extended or curtailed. Clause 22 states that it shall not be obligatory for the employer to offer any employment. However, notwithstanding anything in subsection (1) above, where there is a condition in a contract of apprenticeship, after successful completion of the apprenticeship training, the employer shall be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the company in that capacity for the specified period and remuneration as mentioned in the contract.
In view of the above rules and after reviewing the details of the Apprenticeship Act, 1961, please advise on the further course of action.
Thanks for your reply, and I am waiting for further guidance.
From India, Calcutta
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Clause 4 stipulates that no minor can be engaged in apprenticeship. All trainees undergoing training under the Act must register with the appropriate authority along with three copies of the agreement between the employer and trainee, stating the terms and conditions of training, employment, stipend, and obligations of the employer and employee. The act also states that if specific reasons are not mentioned by the employer or employee, the training period cannot be extended or curtailed. Clause 22 states that it shall not be obligatory for the employer to offer any employment. However, notwithstanding anything in subsection (1) above, where there is a condition in a contract of apprenticeship, after successful completion of the apprenticeship training, the employer shall be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the company in that capacity for the specified period and remuneration as mentioned in the contract.
In view of the above rules and after reviewing the details of the Apprenticeship Act, 1961, please advise on the further course of action.
Thanks for your reply, and I am waiting for further guidance.
From India, Calcutta
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If there is a clause in the contract that he will be offered permanent employment, what is the designation and what is the remuneration specified?
What has been observed in other cases of successful completion of the apprentice period? Does the same/similar case happen with other trainees also?
And,
"I am being threatened that I will be punished by way of transfer or denial of promotion or other means if I do not prevent my son from claiming his regularisation of services in MECON."
Who is threatening you?
From India, Hyderabad
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What has been observed in other cases of successful completion of the apprentice period? Does the same/similar case happen with other trainees also?
And,
"I am being threatened that I will be punished by way of transfer or denial of promotion or other means if I do not prevent my son from claiming his regularisation of services in MECON."
Who is threatening you?
From India, Hyderabad
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Dear Sir, Working in a Personnel Department and that too for your son, they are threatening...what to say about the others and minorities who work in Govt. organizations. Very sorry for that.
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If there is a clause in the contract that he will be offered permanent employment, what is the designation and what is the remuneration specified?
What has been observed in other cases of successful completion of the apprentice period? Does the same/similar case happen with other trainees also?
And,
I am being threatened that I will be punished by way of transfer or denial of promotion or other means if I do not prevent my son from claiming his regularization of services in MECON. Who is threatening you?
Nobody is threatening me. In fact, being posted in the personnel department, I should not highlight the mistakes done by seniors. I tried to point out with a senior, but he is rigid in his stand that the boss is always right. Do not ask questions. Do it the way I am calling. There is a clause in the agreement that he will go for training as an apprenticeship trainee and on completion of successful training, he will be appointed as an Assistant Design Engineer in the scale. There are two types of engineers appointed; one is MTT, and the other is Engineer Trainee. In the case of MTT, they are complying as per the rule. But in the case of engineer trainees, they are not. There are so many engineer trainees. Some of them have left without completing, some have completed and have been asked to leave, some are still going on with the same set of agreements.
From India, Calcutta
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What has been observed in other cases of successful completion of the apprentice period? Does the same/similar case happen with other trainees also?
And,
I am being threatened that I will be punished by way of transfer or denial of promotion or other means if I do not prevent my son from claiming his regularization of services in MECON. Who is threatening you?
Nobody is threatening me. In fact, being posted in the personnel department, I should not highlight the mistakes done by seniors. I tried to point out with a senior, but he is rigid in his stand that the boss is always right. Do not ask questions. Do it the way I am calling. There is a clause in the agreement that he will go for training as an apprenticeship trainee and on completion of successful training, he will be appointed as an Assistant Design Engineer in the scale. There are two types of engineers appointed; one is MTT, and the other is Engineer Trainee. In the case of MTT, they are complying as per the rule. But in the case of engineer trainees, they are not. There are so many engineer trainees. Some of them have left without completing, some have completed and have been asked to leave, some are still going on with the same set of agreements.
From India, Calcutta
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Dear Mr. Singh,
My personal opinion in this case would be:
1. If he is a good candidate, he can join another good company.
2. Even if he gets the job after making efforts, his relation with the personnel department would be strained, which is, practically speaking, not good for him.
3. Even if he joins, at times you will feel that people are badmouthing you, saying that you favor your son in many issues (e.g., appraisal time).
4. He has one year of experience with a fairly reputable company. Why not look for other opportunities instead of chasing this issue and wasting time?
5. Both of you may face difficult situations later if you both work in the same company. You will lose your peace of mind if you are not wrong, but others say so.
We all need to drop some things in life to move ahead. :)
My suggestion to him is to drop the issue and move forward.
"SKY IS THE LIMIT"
- Regards
From India, Hyderabad
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My personal opinion in this case would be:
1. If he is a good candidate, he can join another good company.
2. Even if he gets the job after making efforts, his relation with the personnel department would be strained, which is, practically speaking, not good for him.
3. Even if he joins, at times you will feel that people are badmouthing you, saying that you favor your son in many issues (e.g., appraisal time).
4. He has one year of experience with a fairly reputable company. Why not look for other opportunities instead of chasing this issue and wasting time?
5. Both of you may face difficult situations later if you both work in the same company. You will lose your peace of mind if you are not wrong, but others say so.
We all need to drop some things in life to move ahead. :)
My suggestion to him is to drop the issue and move forward.
"SKY IS THE LIMIT"
- Regards
From India, Hyderabad
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I fully agree with your view. He has every right to be given employment in the company on completion of successful training. But, taking a moral responsibility, I am preventing him from doing so. So far as getting a job in another company is concerned, his fortune is not favoring. He has been selected in some good IT companies, but at the last moment either the panel was canceled, or he did not get an offer in time. Now he has one and a half years of experience in the IT department. I hope he will get a job in another company sooner rather than later. His academic background right from schooling to college is very good. He completed his engineering degree when he was 21 years of age. Maybe due to immaturity, he is not getting a job.
Dear friends, this is my personal problem. So, I would request all of you to give me suggestions personally and not through this forum. I request all of you to stop talking personally; instead, you should discuss what the Apprenticeship Rules say. Is it mandatory on the part of the employer to provide employment when there is an agreement to do so? In case a violation has been done, to whom should one contact? What can the employer do to such trainees? What can the trainee do with the employer in such cases? Please discuss that topic.
From India, Calcutta
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Dear friends, this is my personal problem. So, I would request all of you to give me suggestions personally and not through this forum. I request all of you to stop talking personally; instead, you should discuss what the Apprenticeship Rules say. Is it mandatory on the part of the employer to provide employment when there is an agreement to do so? In case a violation has been done, to whom should one contact? What can the employer do to such trainees? What can the trainee do with the employer in such cases? Please discuss that topic.
From India, Calcutta
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