sanaya-wadia
What is the difference between the applicable labour laws pertaining to Trainees & Apprentice. Can a private medical device firm have an Apprenticeship program?
From India, Mumbai
umakanthan53
6018

Apprentice is a learner of a particular trade /discipline in an organization either under the Apprentices Act, 1961 or under a Scheme of Apprenticeship approved in the Standing Orders of the establishment. After completion of apprenticeship, no guarantee for employment in the same organization. An apprentice would not be a workman or employee under any Labour Law other than the Employees Compensation Act, 1923.
A trainee, on the contrary, is a newly appointed employee or a workman undergoing training for a specified period to orient himself /herself with the nuances of a particular job or position in an organization. The entire period of training should be taken into account for all service purposes and a trainee would be an employee under the applicable Laws.

From India, Salem
sanaya-wadia
Hi Umakanthan,
Thank you for providing your insights. Our objective is to have trainees (Bachelors/Masters) for a period of 6 months however there would be no guarantee of employment post training; only the best performer would be given an employment. So in such a scenario what would be the best nomenclature?

From India, Mumbai
umakanthan53
6018

If your inherent objective is not to circumvent the application of any labor law, don't bother about the nomenclature; keep them all as probationers for a period of six months with well-defined parameters of performance. Confirm only the best performer and discharge the others as mentioned in their appointment orders.
Alternatively, appoint all as Fixed Term basis contract employees for a period of 6 months and take the best on your regular roll.

From India, Salem
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