In our company some of the employees (workmen category) who works in the shop floor are put under trainees category. But they have not been given any letter mentioning their duration of training. They are given 15 EL,7 CL & 7 SL.There are employees who have been under training for more than two years. Can somebody help me out regarding the maximum time period of training or legal issues if they continue as trainees further.
Regards
Vidya
From India, Delhi
Regards
Vidya
From India, Delhi
Dear Vidya
You need to issue a letter to the trainees you employ wherein the training period must be mentioned. As per Industrial Employment Standing Orders Act. 1946, no person can be engaged as an apprentice (meaning traniee) for the period of more than one year. The legal issues involoved in this issue is that if these trainees approach the Labour Commissioner and claim the permanancy in job, the decision may be in their favour. Also this becomes violation of the law and the Labour Authorities may also take the appropriate legal action against the company.
From India, Mumbai
19You need to issue a letter to the trainees you employ wherein the training period must be mentioned. As per Industrial Employment Standing Orders Act. 1946, no person can be engaged as an apprentice (meaning traniee) for the period of more than one year. The legal issues involoved in this issue is that if these trainees approach the Labour Commissioner and claim the permanancy in job, the decision may be in their favour. Also this becomes violation of the law and the Labour Authorities may also take the appropriate legal action against the company.
From India, Mumbai
Even if the training period is limited to one year, that period will be counted as service period only provided the training is not as apprentice under the Apprentice Act or under specific provisions in the certified Standing Orders of the company. The Industrial Employment Standing Order Act only provides a model standing order. In the standing orders that the company makes, you can have a two years training as the period of training will always depend upon the nature of work and it may not be common for all the trades. Therefore, if you think that training period should be two years, you can do so and once the order is certified that becomes binding also.
In case you do not have standing orders and you have two years training period and it is the general practice that all shop floor employees will have to undergo a two years training before they are absorbed as workmen, there will not be objection because the requirement of training period of two years can not be questioned by any Labour department authority as it is not the department but the company decides how the worker should be equipped to make him fit to do a work independently. The only thing is that putting an employee under training should not be to deter his rights. That means, if such trainees are given minimum wages as per Govt. notification, ESI, EPF and other benefits as are to be given to employees and if their training period is considered for deciding their gratuity payable at the time of their leaving service, then there is no problem even if the training is extended beyond one year or even such other period already fixed.
Regards,
Madhu.T.K
From India, Kannur
In case you do not have standing orders and you have two years training period and it is the general practice that all shop floor employees will have to undergo a two years training before they are absorbed as workmen, there will not be objection because the requirement of training period of two years can not be questioned by any Labour department authority as it is not the department but the company decides how the worker should be equipped to make him fit to do a work independently. The only thing is that putting an employee under training should not be to deter his rights. That means, if such trainees are given minimum wages as per Govt. notification, ESI, EPF and other benefits as are to be given to employees and if their training period is considered for deciding their gratuity payable at the time of their leaving service, then there is no problem even if the training is extended beyond one year or even such other period already fixed.
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu,
i am agreed your point,
I have a doubt on Trainees recruitment
1. Can we engage company trainees in 3 year period plan?
2. As permanent act, temporary employee should be confirmed in completion of 480 days. whether trainees are covered under this act?
Kindly clarify.
Thanks in advance.
Regards,
P.Packiaraj
9842620245
From India, Bangalore
i am agreed your point,
I have a doubt on Trainees recruitment
1. Can we engage company trainees in 3 year period plan?
2. As permanent act, temporary employee should be confirmed in completion of 480 days. whether trainees are covered under this act?
Kindly clarify.
Thanks in advance.
Regards,
P.Packiaraj
9842620245
From India, Bangalore
There is nothing illegal in recruiting trainees for three years provided they are given all benefits like statutory wages, ESI, PF, Bonus etc and their training period is treated as employment period for the purpose of payment of gratuity 9in case they are absorbed in service after three years of training) and maternity benefits (in case of female trainees)
Is there any Permanent Act?
If you mean to say confirmation or automatically giving them the status of permanent employee after 240 days of working in a period of 12 months, then I would say that though there is no word used, an employee who has worked for 240 days in a period of 12 months shall be 'treated' as if he is confirmed for the purpose of lay off, retrenchment, leave benefits etc. Even if you do not make them permanent under the provisions of ID Act they will get all protections when they are laid off or retrenched. Moreover, a temporary workman is one who is engaged in a work of temporary nature whereas an employee engaged in a job which is permanent nature will be eligible to rights under Labour Laws. If the terms of appointment clearly states that his appointment is for a fixed term, his termination requires notice and payment of compensation.
Regards,
Madhu.T.K
From India, Kannur
Is there any Permanent Act?
If you mean to say confirmation or automatically giving them the status of permanent employee after 240 days of working in a period of 12 months, then I would say that though there is no word used, an employee who has worked for 240 days in a period of 12 months shall be 'treated' as if he is confirmed for the purpose of lay off, retrenchment, leave benefits etc. Even if you do not make them permanent under the provisions of ID Act they will get all protections when they are laid off or retrenched. Moreover, a temporary workman is one who is engaged in a work of temporary nature whereas an employee engaged in a job which is permanent nature will be eligible to rights under Labour Laws. If the terms of appointment clearly states that his appointment is for a fixed term, his termination requires notice and payment of compensation.
Regards,
Madhu.T.K
From India, Kannur
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