U S Sharma
Salary paid to apprentices under apprenticeship act is stipend that does not attract PF. Salary paid to probationer can't be stipend so as not to affect PF deduction on it. Otherwise every unscrupulous employer would have paid stipend to probationer and would have escaped PF deductions during probation period; would have extended probation period. Just by naming salary paid to probationers as stipend, one can't escape from provions of PF act otherwise most of organisations would have done it.
I treat this post as closed from my side.
From India, Mumbai
264Salary paid to apprentices under apprenticeship act is stipend that does not attract PF. Salary paid to probationer can't be stipend so as not to affect PF deduction on it. Otherwise every unscrupulous employer would have paid stipend to probationer and would have escaped PF deductions during probation period; would have extended probation period. Just by naming salary paid to probationers as stipend, one can't escape from provions of PF act otherwise most of organisations would have done it.
I treat this post as closed from my side.
From India, Mumbai
@Shrikant
just visiting somewhere and getting some money in lieu of that does not classify as employer employee relation, if they have probation letter, and in letter the word "SALARY" or :"WAGES" is mentioned, then all acts come in force,
There are so many escape points in act, please try to understand.
just visiting somewhere and getting some money in lieu of that does not classify as employer employee relation, if they have probation letter, and in letter the word "SALARY" or :"WAGES" is mentioned, then all acts come in force,
There are so many escape points in act, please try to understand.
'just visiting somewhere and getting some money in lieu of that does not classify as employer employee relation'
Then what clasifies employer-employee relation?
Employee visits "somewhere" and still employer pays her / him?
"Getting some money (from employer) in lieu of that does not classify as employer employee relation"? Then what clasifies employer employee relation?
From India, Mumbai
Then what clasifies employer-employee relation?
Employee visits "somewhere" and still employer pays her / him?
"Getting some money (from employer) in lieu of that does not classify as employer employee relation"? Then what clasifies employer employee relation?
From India, Mumbai
professional service providers also visit the establishment and get paid for it,
viz the doctors visit the nursing homes and get paid, aaya ( midwife) attend the hospital and get paid by the guardians of patients,
professors get paid as honorarium for their special classes,
auditor and their staff visits the establishment, on regular intervals and get paid for it .......
there are several type of persons who visit regular and get some payment, like priest, cleaner, pest control service provider,
delivery van driver and helpers visits the establishment more punctual than regular employees
so these are employees for their respective establishments?
viz the doctors visit the nursing homes and get paid, aaya ( midwife) attend the hospital and get paid by the guardians of patients,
professors get paid as honorarium for their special classes,
auditor and their staff visits the establishment, on regular intervals and get paid for it .......
there are several type of persons who visit regular and get some payment, like priest, cleaner, pest control service provider,
delivery van driver and helpers visits the establishment more punctual than regular employees
so these are employees for their respective establishments?
If the Act is applicable all the employees, except apprentices, should be covered if they work even for one day! Shrikant Prabhudesai
From India, Mumbai
From India, Mumbai
do not like to keep it more long in debate,
contract work agreement is still valid and even central govt engage the people off roll, for years and years,
unless a person comes on-roll , he is external worker, dictionary may be defined always in favor of industry,
contract work agreement is still valid and even central govt engage the people off roll, for years and years,
unless a person comes on-roll , he is external worker, dictionary may be defined always in favor of industry,
Don’t forget for I’m where the discussion started, let’s not deviate from original query.
From India, Mumbai
From India, Mumbai
Don’t forget from where the discussion started, let’s not deviate from original query. Hi started about probation period.
From India, Mumbai
From India, Mumbai
@Shrikant_pra
yes, i am also standing on the very point , the original post did not mentioned that ...........probation was on which term ........ and it was hidden that during probation what type of remuneration will be paid and what statuary deductions will be applicable
also it is hidden that whether the person joining is getting payout over 15k or not ........ so that mandatory or optional clause can be enforced.
just imagine for a probation letter where these terms are missing, and would be grateful if you can share a format of any probation letter .......with these facts hiding, a probation letter mention everything clear that he will get "stipend" or "remuneration",
if some establishment has mentioned it salary or wages, then step forward to labor commissioner, it would get applicable.
the original post maker made a fun, and he converted himself to anonymous now, and we are fighting on no issue .
yes, i am also standing on the very point , the original post did not mentioned that ...........probation was on which term ........ and it was hidden that during probation what type of remuneration will be paid and what statuary deductions will be applicable
also it is hidden that whether the person joining is getting payout over 15k or not ........ so that mandatory or optional clause can be enforced.
just imagine for a probation letter where these terms are missing, and would be grateful if you can share a format of any probation letter .......with these facts hiding, a probation letter mention everything clear that he will get "stipend" or "remuneration",
if some establishment has mentioned it salary or wages, then step forward to labor commissioner, it would get applicable.
the original post maker made a fun, and he converted himself to anonymous now, and we are fighting on no issue .
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