Sir,
I am working in Public Sector Company. In my organisation there is a scheme that an engineering graduate who is son of an regular/ex employee will be provided on the job training on a consolidated stipened of Rs.10000/- per month for one year. After one year his terms of employment will expire and he will get an experience certificate on the basis of which he can apply elesewhere. Acoordingly my son applied for undergoing such on the job training after passing B.Tech in IT from recognised university and after interview by duly constituted interview committee he was selected and put on on the job training. But soon after joining as Engineering Training he was offered a blank copy of agreement wherein it was mentioned that he will be paid Rs.10750/- basic plus DA etc. at par with regular employees and after completion of one year his services will be regularised in the same pay scale. He was asked to fill in apprenticeship registration form he was duly registered under Apprenticeship Act 1962 along with copy of agreement, obligation of employer, employee etc. The company claimed the minimum fee of Rs.1970/- per candidate from the Govt. under the provison of the Act.
Now after completion of one year neither his services was regularised nor he was paid allowances as agreed in the contract of apprenticeship. Instead he got Rs.10000/- per month and after completion of one year he was retained in the same organisation through agency (manpower supplier) on a consolidated salary of Rs.13000/-.
The probleme is that he was ready to write to his employer his grievance in duly constituted grievance redressal cell of the company but being I am father working in the same company I am afraid of being penalised If I do not prevent my son from claiming his regularisation of services in MECON. Under such situation please advise what I or he should take the appropriate step
From India, Calcutta
5I am working in Public Sector Company. In my organisation there is a scheme that an engineering graduate who is son of an regular/ex employee will be provided on the job training on a consolidated stipened of Rs.10000/- per month for one year. After one year his terms of employment will expire and he will get an experience certificate on the basis of which he can apply elesewhere. Acoordingly my son applied for undergoing such on the job training after passing B.Tech in IT from recognised university and after interview by duly constituted interview committee he was selected and put on on the job training. But soon after joining as Engineering Training he was offered a blank copy of agreement wherein it was mentioned that he will be paid Rs.10750/- basic plus DA etc. at par with regular employees and after completion of one year his services will be regularised in the same pay scale. He was asked to fill in apprenticeship registration form he was duly registered under Apprenticeship Act 1962 along with copy of agreement, obligation of employer, employee etc. The company claimed the minimum fee of Rs.1970/- per candidate from the Govt. under the provison of the Act.
Now after completion of one year neither his services was regularised nor he was paid allowances as agreed in the contract of apprenticeship. Instead he got Rs.10000/- per month and after completion of one year he was retained in the same organisation through agency (manpower supplier) on a consolidated salary of Rs.13000/-.
The probleme is that he was ready to write to his employer his grievance in duly constituted grievance redressal cell of the company but being I am father working in the same company I am afraid of being penalised If I do not prevent my son from claiming his regularisation of services in MECON. Under such situation please advise what I or he should take the appropriate step
From India, Calcutta
Dear Mr. Singh,
According to Apprentices Act, the employer is not bound to take the apprentice after completion of specified period.
If it's mentioned in the contract that his services WILL be regularized, there must be a hidden clause like - "on the basis of your performance".
So, I personally feel that witing the grievance and claiming a permanent job will not help.
At the same time, even if your son writes for it, I don't think you should be getting punishment. Because if there is a process failure, it's responsibility does not lie on one single person, its a failure on the part of the departmrnt as a whole.
Regards
From India, Hyderabad
According to Apprentices Act, the employer is not bound to take the apprentice after completion of specified period.
If it's mentioned in the contract that his services WILL be regularized, there must be a hidden clause like - "on the basis of your performance".
So, I personally feel that witing the grievance and claiming a permanent job will not help.
At the same time, even if your son writes for it, I don't think you should be getting punishment. Because if there is a process failure, it's responsibility does not lie on one single person, its a failure on the part of the departmrnt as a whole.
Regards
From India, Hyderabad
Clause 3 of Apprenticeship Acts 1961 prescribes qualification wherein besides other engineering graduate B.Tech.(IT) is there at sl.no.101.
Clause 4 stipulates that no apprenticeship will be engaged if he is minor and all trainees undergoing training under the Act must get registered with appopriate authority along with three copies of agreement between employer and trainee stating terms and conditions of training, employment, stipend, obligation of employer employee etc. The act also says that if specific reasons is not mentioned by employer or employee training period cannot be extended or curtailed. The clause 22 says )1) it hsall not be obligatory on the part of the employer to offer any employment. The clause 22(2) says notwithstanding anything in sub section (1) above wherfe there is a condition in a contract of apprenticeship shall, after succesful completion of the appreinticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the company on that capacity for such period and such remuneration as specified in the contract.
In view of above rules and after going through in little details of Apprenticeship Act,1961 please advise further course of action
Thaks for reply and waiting for further reply.
From India, Calcutta
Clause 4 stipulates that no apprenticeship will be engaged if he is minor and all trainees undergoing training under the Act must get registered with appopriate authority along with three copies of agreement between employer and trainee stating terms and conditions of training, employment, stipend, obligation of employer employee etc. The act also says that if specific reasons is not mentioned by employer or employee training period cannot be extended or curtailed. The clause 22 says )1) it hsall not be obligatory on the part of the employer to offer any employment. The clause 22(2) says notwithstanding anything in sub section (1) above wherfe there is a condition in a contract of apprenticeship shall, after succesful completion of the appreinticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the company on that capacity for such period and such remuneration as specified in the contract.
In view of above rules and after going through in little details of Apprenticeship Act,1961 please advise further course of action
Thaks for reply and waiting for further reply.
From India, Calcutta
If there is a clause in the contract that he will be offered permanent employment, what is the designation and what is the remuneration specified?
What has been observed in other cases of successful completion of apprentice period? does the same/similar case happen with other trainees also?
And ,
who is threatening you..
From India, Hyderabad
What has been observed in other cases of successful completion of apprentice period? does the same/similar case happen with other trainees also?
And ,
who is threatening you..
From India, Hyderabad
no body is threatening me. In fact being posted in personnel departmentd I should not highlight the mistakes done by seniors. I tried to point out with a senior but he is rigid in his stand that boss is always right. Do not ask question. Do the way I am calling. There is a caluse in the agreement that he will go training as apprenticeship training as engineer traineee and on completion of successful trainee he will be appointed as Asstt.Design Engineer in the scale. There are two types of engineers appointed one are MTT and other are Engineer tranee. In case of MTT they are complying as per rule. But in case of engineer trainee they are not . There are so may engineers trainee. Some of them have left without completing, some have completed and has been asked to go out, some are steel going on with the same set of agreement.
From India, Calcutta
From India, Calcutta
Dear Mr. Singh,
My personal opinion in this case would be -
1. If he is a good candidate, he can join another good company.
2. Even if he gets the job after making efforts, his relation with personnel dept would be strained, which is practically speaking, not good for him
3. Even if he joins, at times you will feel that people are bad mouthing you saying that you favour your son in many issues (eg - appraisal time)
4. He has got an exp of one year with a fairly good company name attached.. why not look for other avenues than running behind the issue and wasting time
5. Both of you may face difficult siyuations later if you both work in the same co. You will loose your peace of mind if you are not wrong,but others say so.
We all need to drop somethings in life to move ahead. :)
My suggestion to him is to drop the issue and move ahead...
'SKY IS THE LIMIT"
-Regards
From India, Hyderabad
My personal opinion in this case would be -
1. If he is a good candidate, he can join another good company.
2. Even if he gets the job after making efforts, his relation with personnel dept would be strained, which is practically speaking, not good for him
3. Even if he joins, at times you will feel that people are bad mouthing you saying that you favour your son in many issues (eg - appraisal time)
4. He has got an exp of one year with a fairly good company name attached.. why not look for other avenues than running behind the issue and wasting time
5. Both of you may face difficult siyuations later if you both work in the same co. You will loose your peace of mind if you are not wrong,but others say so.
We all need to drop somethings in life to move ahead. :)
My suggestion to him is to drop the issue and move ahead...
'SKY IS THE LIMIT"
-Regards
From India, Hyderabad
I fully agree with your view. He has every right to be given employment in the company on completion of successful training. But taking a moral responsibility I am preventing him from doing so. So far as getting job in other company is concerned,his fortune is not favouring. He has been selected in some good IT companies but at the last moment either panel was cancelled or he did not get offer in time. Now he has one and half years experience in IT department. I hope he will get job in other company sooner than later. His academic background right from schooling to college is very good. He completed his engineering degree when he was 21 years of age. May be due to immaturity he is not getting job.
Dear friends this is my personal problem. So I would request all of you to give me suggestions personally and not through this forum. I request all of you to stop talking personaly instead you should talk what Apprenticeshio Rules say. Is it mandatory on the part of the employer to provide employment when there is agreement to do so. In case violation has been done to whome one should contact. What employer can do to such trainees. What trainee can do with employer in such cases. Please discuss on that topic.
From India, Calcutta
Dear friends this is my personal problem. So I would request all of you to give me suggestions personally and not through this forum. I request all of you to stop talking personaly instead you should talk what Apprenticeshio Rules say. Is it mandatory on the part of the employer to provide employment when there is agreement to do so. In case violation has been done to whome one should contact. What employer can do to such trainees. What trainee can do with employer in such cases. Please discuss on that topic.
From India, Calcutta
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