U. S. Sharma
Salary paid to apprentices under the Apprenticeship Act is stipend that does not attract PF. Salary paid to probationers can't be stipend so as not to affect PF deduction on it. Otherwise, every unscrupulous employer would have paid stipend to probationers and would have escaped PF deductions during the probation period; they would have extended the probation period. Just by naming the salary paid to probationers as stipend, one can't escape from the provisions of the PF Act; otherwise, most organizations would have done it.
I treat this post as closed from my side.
From India, Mumbai
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274Salary paid to apprentices under the Apprenticeship Act is stipend that does not attract PF. Salary paid to probationers can't be stipend so as not to affect PF deduction on it. Otherwise, every unscrupulous employer would have paid stipend to probationers and would have escaped PF deductions during the probation period; they would have extended the probation period. Just by naming the salary paid to probationers as stipend, one can't escape from the provisions of the PF Act; otherwise, most organizations would have done it.
I treat this post as closed from my side.
From India, Mumbai
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Just visiting somewhere and receiving money in exchange does not classify as an employer-employee relationship. If a probation letter is provided, and the words "SALARY" or "WAGES" are mentioned in the letter, then all relevant acts come into force. There are various loopholes in the act; please try to understand.
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"Just visiting somewhere and getting some money in lieu of that does not classify as an employer-employee relation."
Then what classifies an employer-employee relation? Does an employee visiting "somewhere" and the employer still paying him/her constitute an employer-employee relation?
"Getting some money (from the employer) in lieu of that does not classify as an employer-employee relation"? Then what classifies an employer-employee relation?
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Then what classifies an employer-employee relation? Does an employee visiting "somewhere" and the employer still paying him/her constitute an employer-employee relation?
"Getting some money (from the employer) in lieu of that does not classify as an employer-employee relation"? Then what classifies an employer-employee relation?
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Professional service providers also visit the establishment and get paid for it. For example, doctors visit nursing homes and receive payment. A midwife (aaya) attends the hospital and is paid by the guardians of patients. Professors are compensated with an honorarium for their special classes. Auditors and their staff visit the establishment at regular intervals and are remunerated for their services.
There are several types of individuals who visit regularly and receive payment, such as priests, cleaners, pest control service providers, delivery van drivers, and helpers. They are more punctual in their visits than regular employees. Are these individuals considered employees of their respective establishments?
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There are several types of individuals who visit regularly and receive payment, such as priests, cleaners, pest control service providers, delivery van drivers, and helpers. They are more punctual in their visits than regular employees. Are these individuals considered employees of their respective establishments?
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If the Act is applicable all the employees, except apprentices, should be covered if they work even for one day! Shrikant Prabhudesai
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I do not like to keep it long in debate. The contract work agreement is still valid. Even the central government engages people off the roll for years and years. Unless a person comes on-roll, he is an external worker. The dictionary may always be defined in favor of the industry.
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Don’t forget for I’m where the discussion started, let’s not deviate from original query.
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Don’t forget from where the discussion started, let’s not deviate from original query. Hi started about probation period.
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@Shrikant_pra, yes, I am also standing on the very point. The original post did not mention that probation was on which term, and it was hidden that during probation what type of remuneration will be paid and what statutory deductions will be applicable. Also, it is hidden whether the person joining is getting a payout over 15k or not, so that a mandatory or optional clause can be enforced.
Just imagine for a probation letter where these terms are missing, and I would be grateful if you could share a format of any probation letter with these facts. Hiding a probation letter mentioning everything clearly that he will get "stipend" or "remuneration." If some establishment has mentioned it as salary or wages, then step forward to the labor commissioner; it would become applicable.
The original post maker made a joke, and he converted himself to anonymous now, and we are fighting over a non-issue.
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Just imagine for a probation letter where these terms are missing, and I would be grateful if you could share a format of any probation letter with these facts. Hiding a probation letter mentioning everything clearly that he will get "stipend" or "remuneration." If some establishment has mentioned it as salary or wages, then step forward to the labor commissioner; it would become applicable.
The original post maker made a joke, and he converted himself to anonymous now, and we are fighting over a non-issue.
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