Hi, I have been working in an organization for the past one year. At the time of joining, they provided a letter of internship due for 3 months. After completing 3 months, they did not provide a confirmation letter. Now, after completing one year, I have resigned. They have accepted my resignation, and when I asked for a confirmation letter, they are saying that I am still in an extended internship. I have salary slips which show that for the first 3 months, I was paid a stipend and then a proper salary. Can I file a complaint against this? If yes, can someone please help me by explaining how.
From India, Pune
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1From India, Pune
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In my opinion, an internship is similar to an apprenticeship, which is primarily training in a particular trade or some professional activity for which some academic qualification has already been acquired by the intern. That's why the remuneration paid during an internship is called a "stipend" and not wages payable to a full-fledged workman or employee.
Here, the issue complained of by the poster is their continuation beyond the period of a 3-month internship in the organization with enhanced remuneration. Generally, an internship does not guarantee employment upon its completion. Therefore, if there was any internship agreement, the poster has to verify it. In the absence of any specific orders regarding either the successful completion of the internship by the poster or their appointment in the organization, I don't think that any complaint in this regard will withstand legal scrutiny, especially when the poster had already resigned, and the resignation had been formally accepted.
Additionally, I would like to add that the mere continuation of an internship with enhanced remuneration beyond the specified period would not, ipso facto, confer any rightful claim to deemed regular employment subsequent to the individual's resignation.
From India, Salem
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Here, the issue complained of by the poster is their continuation beyond the period of a 3-month internship in the organization with enhanced remuneration. Generally, an internship does not guarantee employment upon its completion. Therefore, if there was any internship agreement, the poster has to verify it. In the absence of any specific orders regarding either the successful completion of the internship by the poster or their appointment in the organization, I don't think that any complaint in this regard will withstand legal scrutiny, especially when the poster had already resigned, and the resignation had been formally accepted.
Additionally, I would like to add that the mere continuation of an internship with enhanced remuneration beyond the specified period would not, ipso facto, confer any rightful claim to deemed regular employment subsequent to the individual's resignation.
From India, Salem
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Dear Umakanthan.M Sir,
Thank you for your valuable insights. I have just one question.
My employer had verbally communicated my permanent role after completing 3 months of my internship, and hence the payslips I received afterward were those issued to permanent employees, not interns. The word 'Stipend' was removed from the payslip, and my designation was also mentioned. Can I not claim my regular employment based on salary slips?
From India, Pune
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Thank you for your valuable insights. I have just one question.
My employer had verbally communicated my permanent role after completing 3 months of my internship, and hence the payslips I received afterward were those issued to permanent employees, not interns. The word 'Stipend' was removed from the payslip, and my designation was also mentioned. Can I not claim my regular employment based on salary slips?
From India, Pune
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The important point is that you have already resigned from your internship. As per your own statement, neither was your internship formally extended beyond 3 months nor were you made a regular employee. According to the management, your internship was extended. Under these circumstances, you resigned. In such a situation, how can you legally claim a permanent job from the same employer now? You may just request him to give you an experience certificate that may contain your experience on the job or request him to consider you to be appointed afresh as a regular employee in the same organization.
From India, Salem
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From India, Salem
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Written documents are required to prove your point and claim your employment rights. There are other facts that may be considered to prove that you were not an intern, like your inclusion under statutory compliance. But all these things will ask for genuine proofs to prove your points.
From India, Vadodara
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From India, Vadodara
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