Dear Friends, Pl. find attached the draft appointment letter to trainees, hope it will be useful to you HRs. G.K.Manjunath, manager-HR
From India, Bangalore
51From India, Bangalore
sunita ,Trainees should be given only the offer letter once they get confirmed as the direct employee after probation then appointment letter with all the salary breakup should be given.ThanksRajasekar
From India, Madras
From India, Madras
Dear Friends,
Pl. find attached the draft appointment letter to trainees, hope it will be useful to you HRs.
F/GEN/ Date: 2
Sri
Dear Sir,
SUB: YOUR ENGAGEMENT AS TRAINEE
With reference to your application Dated ............. and the subsequent interview you had with us, we are pleased to appoint you as an Trainee in our Organization on the following terms and conditions:
1.Training Period:
You will be on training for a period of for 24 months from the date of your reporting for Training. The Company reserves the right to extend the training period, at its sole discretion if your learning the work and progress are not found satisfactory. During the training period, your services are liable to be terminated by either party, without assigning any reason and without prior notice.
2.Stipend during training period:
You will be paid stipend of Rs.3,500/- per month during the period of training. This will be a consolidated payment and you will not be entitled to any other payment.
3.Medical Fitness:
Your engagement as a Trainee is subject to your Medical Fitness and you are requested to produce Medical Certificate from a Doctor as specified by the Company at the time of joining the Training.
4.Discipline:
You will adhere to the instructions of your superiors and abide by the working hours and the shift schedule and the rules of discipline at the work place.
5.Regularity and Punctuality
You will adhere to regularity, punctuality and shall learn the work diligently.
6.Transfer:
In order to provide wider exposures during training you may be transferred to any other section or department in the factory or you may be transferred to an another establishment in order to provide an opportunity to you to work in a different atmosphere and to enhance your knowledge and functional skill.
..2
-2-
7.Restrictive Covenant - Nondisclosure:
While undergoing training, you will not take up any other course, training assignment, job or any other kind of vacation or business, part time or full time without written permission of the Management, you shall undergo training exclusively.
8.Evaluation of performance and Termination of Training:
Your progress during the period of training will be reviewed periodically and if it is found that you are not progressing satisfactorily, your services are liable to be terminated without any notice or pay in lieu thereof. Your training may be terminated with or without assigning any reason and without notice or payment of stipend in lieu thereof, if the Management considers that it is inexpedient to continue your training.
9.OTHR TERMS AND CONDITIONS OF TRAINING:
(i)You will be governed by the Rules and Regulations of the Company as in force from time to time.
(ii)You are expected to maintain high standard or discipline, efficiency and integrity.
(iii)You shall not at any time during your training period or after to disclose to any one, any information, know-how, knowledge, secrets, methods, plans of the Company.
(iv)You shall take good care of and be responsible for the work, machinery, tools, materials and other items entrusted to you from time to time during the tenure of your training.
(v)You should on no account place yourself in a position where your interest conflicts with the interest of the company.
(vi)You shall make your own arrangements for transport between the company and your place of resident. The Management will not accept any responsibility in this regard.
(vii)You shall not have any financial transaction while in service, with the other employees.
(viii)If through your negligence or willful act or any loss, or damage is caused to the assets of the company, you shall liable to make good the laws suffered by the Company. Such loss may be recovered from your stipend or any other payment due to you to the extent of loss or damage suffered by the Company.
(ix)If it is found that you have misrepresented any information in your application for employment or at the time of interview, or have furnished any false information or have concealed or suppressed any relevant material facts, your services are liable to be terminated any time, without any notice or compensation in lieu thereof.
...3
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10.Scope of Employment:
On successful completion of training, at the sole discretion of the Company you may be considered for employment in the Company provided there exist a suitable vacancy. In the event, you are appointment in the service of the Company, you shall agree for serving the company for a minimum period of at least 5 years from the date of your appointment on regular basis. You shall be liable to execute an agreement in this behalf and also agree to pay the damages as specified by the Company in the event you fail to serve company for a minimum period. However, the training will neither create any right of employment or a right of preference for employment in the Company.
In case the above terms and conditions are acceptable to you, please return the duplicate copy of this letter of offer of appointment after affixing your signature in token of your having accepted the above terms and conditions and report for trainee not later than 30th June, 2009.
We look forward to a mutually beneficial association with you.
Thanking you,
Yours faithfully,
For
Authorised Signatory
ENDORSEMENT
I hereby confirm acceptance of my Engagement as a Trainee s on the terms and conditions stipulated therein.
PLACE:
DATE: SIGNATURE OF THE CANDIDATE
G.K.Manjunath,
manager-HR
From India, Bangalore
Pl. find attached the draft appointment letter to trainees, hope it will be useful to you HRs.
F/GEN/ Date: 2
Sri
Dear Sir,
SUB: YOUR ENGAGEMENT AS TRAINEE
With reference to your application Dated ............. and the subsequent interview you had with us, we are pleased to appoint you as an Trainee in our Organization on the following terms and conditions:
1.Training Period:
You will be on training for a period of for 24 months from the date of your reporting for Training. The Company reserves the right to extend the training period, at its sole discretion if your learning the work and progress are not found satisfactory. During the training period, your services are liable to be terminated by either party, without assigning any reason and without prior notice.
2.Stipend during training period:
You will be paid stipend of Rs.3,500/- per month during the period of training. This will be a consolidated payment and you will not be entitled to any other payment.
3.Medical Fitness:
Your engagement as a Trainee is subject to your Medical Fitness and you are requested to produce Medical Certificate from a Doctor as specified by the Company at the time of joining the Training.
4.Discipline:
You will adhere to the instructions of your superiors and abide by the working hours and the shift schedule and the rules of discipline at the work place.
5.Regularity and Punctuality
You will adhere to regularity, punctuality and shall learn the work diligently.
6.Transfer:
In order to provide wider exposures during training you may be transferred to any other section or department in the factory or you may be transferred to an another establishment in order to provide an opportunity to you to work in a different atmosphere and to enhance your knowledge and functional skill.
..2
-2-
7.Restrictive Covenant - Nondisclosure:
While undergoing training, you will not take up any other course, training assignment, job or any other kind of vacation or business, part time or full time without written permission of the Management, you shall undergo training exclusively.
8.Evaluation of performance and Termination of Training:
Your progress during the period of training will be reviewed periodically and if it is found that you are not progressing satisfactorily, your services are liable to be terminated without any notice or pay in lieu thereof. Your training may be terminated with or without assigning any reason and without notice or payment of stipend in lieu thereof, if the Management considers that it is inexpedient to continue your training.
9.OTHR TERMS AND CONDITIONS OF TRAINING:
(i)You will be governed by the Rules and Regulations of the Company as in force from time to time.
(ii)You are expected to maintain high standard or discipline, efficiency and integrity.
(iii)You shall not at any time during your training period or after to disclose to any one, any information, know-how, knowledge, secrets, methods, plans of the Company.
(iv)You shall take good care of and be responsible for the work, machinery, tools, materials and other items entrusted to you from time to time during the tenure of your training.
(v)You should on no account place yourself in a position where your interest conflicts with the interest of the company.
(vi)You shall make your own arrangements for transport between the company and your place of resident. The Management will not accept any responsibility in this regard.
(vii)You shall not have any financial transaction while in service, with the other employees.
(viii)If through your negligence or willful act or any loss, or damage is caused to the assets of the company, you shall liable to make good the laws suffered by the Company. Such loss may be recovered from your stipend or any other payment due to you to the extent of loss or damage suffered by the Company.
(ix)If it is found that you have misrepresented any information in your application for employment or at the time of interview, or have furnished any false information or have concealed or suppressed any relevant material facts, your services are liable to be terminated any time, without any notice or compensation in lieu thereof.
...3
-3-
10.Scope of Employment:
On successful completion of training, at the sole discretion of the Company you may be considered for employment in the Company provided there exist a suitable vacancy. In the event, you are appointment in the service of the Company, you shall agree for serving the company for a minimum period of at least 5 years from the date of your appointment on regular basis. You shall be liable to execute an agreement in this behalf and also agree to pay the damages as specified by the Company in the event you fail to serve company for a minimum period. However, the training will neither create any right of employment or a right of preference for employment in the Company.
In case the above terms and conditions are acceptable to you, please return the duplicate copy of this letter of offer of appointment after affixing your signature in token of your having accepted the above terms and conditions and report for trainee not later than 30th June, 2009.
We look forward to a mutually beneficial association with you.
Thanking you,
Yours faithfully,
For
Authorised Signatory
ENDORSEMENT
I hereby confirm acceptance of my Engagement as a Trainee s on the terms and conditions stipulated therein.
PLACE:
DATE: SIGNATURE OF THE CANDIDATE
G.K.Manjunath,
manager-HR
From India, Bangalore
Dear Sunita,
It is nice to see the variety of responses you have received with regard to your query.
However most of the suggestions are not quite right and if you choose to take any or all of them on their face value, well you are creating a Time Bomb for yourself. You are inviting future trouble.
Let me explain the exact status of Trainees:
1. Apprentices:
You can engage Trade Apprentices in accordance with the provisions of the Apprentices Act.
When you do so, you will enter into a Contract For Apprenticeship with each candidate and ensure that this contract is got registered with the concerned Apprenticeship Advisor.
Apprentices are ONLY governed by the provisions of the Apprentices Act. Provisions of other Labour Laws like ESI, PF, Bonus etc. do NOT apply to them.
Apprentices are NOT WORKMEN under the ID Act,1947.
You are under no obligation to regularize their appointment after their Training under this statute is over.
2. Trainees:
Like in your case, you have merely engaged some freshers and have decided to call them Trainees.
In the absence of any defined, documented Training Scheme/Plan, duly approved by the appropriate Govt., merely calling people Trainees will NOT do.
You will be obliged to extend to them the benefit of ESI, PF, Bonus, Leave etc.. since they actually enjoy the status of regular employees.
If your certified Standing Orders provide for classification of some segment of employees as Trainees, then such Trainee Scheme will stand you in good stead. You can engage them as Trainees. Other Labour laws will NOT apply to them.
In this situation you are SAFE.
Such Trainees are Workmen under the ID Act,1947.
As a practical solution, you may like to keep their stipend at a level, where ESI, PF and Bonus etc.. not apply.
What you should have is:
1. A proper defined and documented Training Scheme in place.
2. Whenever you engage anyone as a Trainee, get them to sign a detailed Agreement for Training. This will be executed on a Non Judicial Stamp Paper ( preferably of Rs.100/-)
3. This document will clearly stipulate the terms of Training, Stipend, the Training Curriculum etc.
There will also be a clause which will make it compulsory for the Trainee to serve the Company for a clearly stipulated period, say One /Two Years. In the event of any default in this regard, the Trainee will be liable to a clearly defined penalty. This should be incorporated in the said Agreement.
The Agreement should also clearly spell out that during the Training period the performance will be under constant review. The Training can be extended of the performance is not satisfactory etc. etc..
It should also contain a clear Career Path and what happens to the Trainees after they have successfully completed their Training.
4. You should have a defined system of Monthly Reviews ( since your
Training period is only for Six Months). These reviews MUST be
documented and proper written feedback MUST be given to each of the
Trainee and the copy of such counseling letters MUST be got signed in
acknowledgement by each of the Trainees, individually.
5. At the end of the Training period each of the successful Trainees will
have to be given a detailed Appointment Letter as per promises made in
the Agreement for Training the Trainees had entered into with the Co.
6. They should ideally NOT be placed on probation and must be considered as confirmed employees.
Incidentally probationary clause is incorporated in the Appointment Letter.
Sometimes, Appointment letter given to a new employee who is taken on Probation, initially, is called Probation Letter.
It is most IMPORTANT to do proper documentation. You may even like to consult your Co.’s Legal Advisor in this regard just to ensure that there is not false note in your scheme of things.
Cheers!!!!
Vasant Nair
From India, Mumbai
It is nice to see the variety of responses you have received with regard to your query.
However most of the suggestions are not quite right and if you choose to take any or all of them on their face value, well you are creating a Time Bomb for yourself. You are inviting future trouble.
Let me explain the exact status of Trainees:
1. Apprentices:
You can engage Trade Apprentices in accordance with the provisions of the Apprentices Act.
When you do so, you will enter into a Contract For Apprenticeship with each candidate and ensure that this contract is got registered with the concerned Apprenticeship Advisor.
Apprentices are ONLY governed by the provisions of the Apprentices Act. Provisions of other Labour Laws like ESI, PF, Bonus etc. do NOT apply to them.
Apprentices are NOT WORKMEN under the ID Act,1947.
You are under no obligation to regularize their appointment after their Training under this statute is over.
2. Trainees:
Like in your case, you have merely engaged some freshers and have decided to call them Trainees.
In the absence of any defined, documented Training Scheme/Plan, duly approved by the appropriate Govt., merely calling people Trainees will NOT do.
You will be obliged to extend to them the benefit of ESI, PF, Bonus, Leave etc.. since they actually enjoy the status of regular employees.
If your certified Standing Orders provide for classification of some segment of employees as Trainees, then such Trainee Scheme will stand you in good stead. You can engage them as Trainees. Other Labour laws will NOT apply to them.
In this situation you are SAFE.
Such Trainees are Workmen under the ID Act,1947.
As a practical solution, you may like to keep their stipend at a level, where ESI, PF and Bonus etc.. not apply.
What you should have is:
1. A proper defined and documented Training Scheme in place.
2. Whenever you engage anyone as a Trainee, get them to sign a detailed Agreement for Training. This will be executed on a Non Judicial Stamp Paper ( preferably of Rs.100/-)
3. This document will clearly stipulate the terms of Training, Stipend, the Training Curriculum etc.
There will also be a clause which will make it compulsory for the Trainee to serve the Company for a clearly stipulated period, say One /Two Years. In the event of any default in this regard, the Trainee will be liable to a clearly defined penalty. This should be incorporated in the said Agreement.
The Agreement should also clearly spell out that during the Training period the performance will be under constant review. The Training can be extended of the performance is not satisfactory etc. etc..
It should also contain a clear Career Path and what happens to the Trainees after they have successfully completed their Training.
4. You should have a defined system of Monthly Reviews ( since your
Training period is only for Six Months). These reviews MUST be
documented and proper written feedback MUST be given to each of the
Trainee and the copy of such counseling letters MUST be got signed in
acknowledgement by each of the Trainees, individually.
5. At the end of the Training period each of the successful Trainees will
have to be given a detailed Appointment Letter as per promises made in
the Agreement for Training the Trainees had entered into with the Co.
6. They should ideally NOT be placed on probation and must be considered as confirmed employees.
Incidentally probationary clause is incorporated in the Appointment Letter.
Sometimes, Appointment letter given to a new employee who is taken on Probation, initially, is called Probation Letter.
It is most IMPORTANT to do proper documentation. You may even like to consult your Co.’s Legal Advisor in this regard just to ensure that there is not false note in your scheme of things.
Cheers!!!!
Vasant Nair
From India, Mumbai
Dear Mahesh,
Please read my detailed mail I have sent to Sunita. This is mail is towards the last of the responses.
Yes, such Trainees are required to be covered under ESI & PF if they are eligible to be coveredI I mean wage levels).
Cheers!!!
Vasant Nair
From India, Mumbai
Please read my detailed mail I have sent to Sunita. This is mail is towards the last of the responses.
Yes, such Trainees are required to be covered under ESI & PF if they are eligible to be coveredI I mean wage levels).
Cheers!!!
Vasant Nair
From India, Mumbai
At the outset, I want to make it clear , that any organisation which wants to engage trainees must have a plan for their career. Why trainees ? This is basically to induct new blood in company and Mould them in your culture. Trainnes or whatever way you call them , they will be employees and you must give them appointment letter stating that they have been engaged (not appointed)to undergo training stating the stipend, period of training, and of course other terms and condidtions.
You will have to appraise their performance periodically-say in yr case quarterly.
Then if found suitable you may take them on yr rolls after 6 months.
From India, Mumbai
You will have to appraise their performance periodically-say in yr case quarterly.
Then if found suitable you may take them on yr rolls after 6 months.
From India, Mumbai
Dear Sunitha,can you forward me the sample appointment/offer letter of Trainees who are based on stipend for 6 months, after 6 monbths we will be offering as salaried employee,It would be great help to me if you send ASAPRegards,Sridevi
From India, Hyderabad
From India, Hyderabad
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