Does terminating the services of workmen by labeling them as ‘trainees’ after initially engaging them for a fixed period, amount to unfair labour practice?
From India, New Delhi
421From India, New Delhi
So far as I am able to deduct from the case laws known to me in this regard, a 'trainee' would not be a 'workman' u/s 2(s) of the IDA,1947, if the offer letter states that he would not have any lien on employment after successful completion of his training in the organization and he has been paid stipend only during the period of training.
However, as per the practice described and enumerated under serial no.10 of Part I of the Fifth Schedule to the IDA,1947, keeping such people as trainees continuously for long years so as to deprive them the benefits of permanent employment is certainly an unfair labor practice u/s 25-T.
From India, Salem
However, as per the practice described and enumerated under serial no.10 of Part I of the Fifth Schedule to the IDA,1947, keeping such people as trainees continuously for long years so as to deprive them the benefits of permanent employment is certainly an unfair labor practice u/s 25-T.
From India, Salem
This is practiced by many organization by keeping trainee and depriving the facility of permanent employees years after years . To my opinion this is absolutely unfair labour practice. Other than Govt. Apprentice or trainee as per Standing order ( NOT more than one year ) should not be engaged as trainee.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
From India, New Delhi
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
From India, New Delhi
Workmen and ‘Trainees’ are two different entity in an establishment and there exist different provisions in the ID Act.
The trainees can be terminated by the employer during the training period and the traineeship seized on expiry of terms. This is because "…a probationer/trainee is not a workman within the meaning of Section 2(s) of the Industrial Disputes Act and the service of a probationer can be terminated during the period of probation in terms of the appointment and such termination does not amount to retrenchment within the meaning of Section 2 (oo) of the Industrial Dipute Act.
The termination of a trainee turns to be unfair labour practice, when employer engaged a trainee at work after completion of his training period. This is because such engagement gives the person the status of workmen. Thus, any termination precedent to this is unfair and bad in eyes of law.
From India, Mumbai
The trainees can be terminated by the employer during the training period and the traineeship seized on expiry of terms. This is because "…a probationer/trainee is not a workman within the meaning of Section 2(s) of the Industrial Disputes Act and the service of a probationer can be terminated during the period of probation in terms of the appointment and such termination does not amount to retrenchment within the meaning of Section 2 (oo) of the Industrial Dipute Act.
The termination of a trainee turns to be unfair labour practice, when employer engaged a trainee at work after completion of his training period. This is because such engagement gives the person the status of workmen. Thus, any termination precedent to this is unfair and bad in eyes of law.
From India, Mumbai
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