rkchouhan65@gmail.com
12

Dear Friends,
If any person is being engaged on [Internship] in any department and for specific period , they need not to covered under EPF or ESI.
There are matter of Minimum Wages. As per Apprentice rules, we have to pay Stipend-
Stipend for First year:- Semi-skilled wages of 70%
Stipend For Second Year:- Semi-skilled wages of 80%
stipend for third year:- semi-skilled wages of 90%
Above Stipend change if Minimum wages revision ( April & October).
Regards
Rajesh Kumar Singh

From India, Delhi
SwetaAbhishek
KULDIPSRI28@ yes company appointed them officially and mentioned in their offer letter designation as "TRAINEE ENGINEER" with CTC which is less than minimum wages.
Should they be treated as employee or trainee?

From India, Bengaluru
kokitkark4u@gmail.com
2

dear seniors, if one the employees salary is upto 19500(gross salary) and his basic is 5000/- then how to calculate DA And HRA? please clarify my doubts
From India, Miraj
Madhu.T.K
4249

I think the matter is very clear and it is not the designations that you give but the functional responsibilities that decides whether a person employed is a trainee or employee. It is very clearly stated that only persons engaged following Apprentice Act will be excluded from labour law provisions. Unfortunately SwtaAbhishek is raising the same question without giving a reply to our question whether he was engaged through RI centre or through the Apprentice Advisers or simply by the company only. I have also given some tests which establish the existence of employer employee relationship. To make it very clear, if your Trainee Engineer was appointed through the Apprentice Adviser, Central or State, following Apprentice Act, on a stipend declared by the Central Government from time to time, with specific provisions which restrict their employment during night shifts and overtime working and with a clause that you cannot take any disciplinary action against the apprentice without informing the Apprentice Adviser, then your trainee is an Apprentice and no need to follow Minimum Wages Act or any other labour Acts. Please clarify

Madhu.T.K

From India, Kannur
kuldipsri28
1

swetaabhishek ji then company has to follow all statutory compliance’s for said employee
From India, Mumbai
Anonymous
1

kokitkark.T.K. first of all basic salary should not be less then 60% of gross salary
From India, Mumbai
rkchouhan65@gmail.com
12

Dear KOKITKARK,
Salary break-UP, formula depends on city (town)
General Practice salary break up formula is
Basic = (50% of gross salary) & DA is part of Basic.
HRA=(60% Of basic)
Conv.=Left of salary 40 %)
phone=(Left of salary 25%)
Special.Allow.=Left of salary 35%)
Above Break-UP depends on company to company.But in general Practice we follow above formula.
Regards
Rajesh

From India, Delhi
SwetaAbhishek
Dear seniors, Company has appointed them with the designation as "Trainee Engineer" they are not under Apprentice Act as employee is not engaged through RI centre or through the Apprentice Advisers.
From India, Bengaluru
ramnathmsw
Dear swetha plz follow as per mr madhu & jeevaratnam, they have clearly explained. I think there must be no doubt now.

kokitkark4u@gmail.com
2

Dear Seniors ,
I have one doubt its regarding a termination of the Employee. if one of the employee is working in his position but company's want to terminate to this employee then how it could be possible?

From India, Miraj
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