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
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.
From India, Kannur
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?
Thanks in advance.
From India, Bangalore
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.
From India, Kannur