KK!HR
Management Consultancy
+1 Other

Thread Started by #Prashant B Ingawale

Seniors,
If the organization does not have Certified Standing Orders & even not registered under Apprentice Act then can the organization engage Company Trainee/ Management Trainee ?
Thanks in advance.
7th December 2017 From India, Pune
if your establishment is one covered by Standing Orders Act but did not have certified standing orders, the model standing orders are applicable to you. In my view you can engage trainees under model standing orders till you get your standing orders certified.Other views are welcome.
B.Saikumar
HR & Labour relations Adviisor
Navi Mumbai
7th December 2017 From India, Mumbai
Saikumar Sir,
Question is Trainees other than defined under Apprentice Act.
7th December 2017 From India, Pune
Hi,Prashant
In my view, a management trainee stands on a different footing from apprentices.They are appointed against full time positions but kept under training for a specified period on successful completion of which they will be confirmed in the permanent service.
The object of Apprentices Act is to develop skills in people holding technical qualifications or certifications in technical trades through apprenticeship training so as to make them employable.There is no obligation on the employer to confirm them in his service on completion of apprenticeship training.
Other views welcome.
B.Saikumar
HR & Labour Relations Advisor
Navi Mumbai
7th December 2017 From India, Mumbai
Since the company does not have certified S.O., the Model S.O. would apply. I have tried to verify IE SO Bombay Act but could not download from net. But in the Model S.O. of Central Rules, the classification of employees speak only of Apprentices, there is no mention of company trainees. So, despite its absence, can a company still have Trainees is a moot question to be answered.
There are two types of trainees, one set of trainees are trained for further absorption in the company, more used for Management Trainees and the second is those engaged on year to year basis and after the training is over they leave, mostly technical trainees. In case you would like to adopt the latter course, have clear cut policy and training manual, appointment has to strictly follow the training schedule and the end date specifically mentioned and followed. It is seen that many organisations take trainees with the avowed purpose of imparting training, but they are used in regular production jobs, their appointment periods get extended, finally after lapse of sizeable period you have a problem in hand, neither they can be terminated nor you want to absorb them. Beware of this pitfall. To speak of my experience, in addition to Act Apprentices, we had certain Company Trainees taken every year and trained them as per curriculum and they were let off after training, but our Certified S.O. had a provision for it.
8th December 2017 From India, Mumbai
in the Model S.O. of Central Rules, the classification of employees speak only of Apprentices, there is no mention of company trainees. So, despite its absence, can a company still have Trainees is a moot question to be answered. - This is my question Sir. As Model SO does not mention about Company Trainee / Trainee can the employer take trainee for period for more than 01 year at a time?
8th December 2017 From India, Pune
Prashant
The Standing Orders are any how applicable to workmen cadre and the expression 'apprentice' needs to be understood in this context. A management trainee falls outside the purview of the Standing Orders since he is trained in managerial skills to be absorbed latter, if he is so engaged.
A company has also another kind of training for students of management and commerce like 'internships' which is also outside the purview of the Standing Orders.
I agree with KKHR that the company shall have a training policy as distinguishable from apprentices u/Apprentices Act and trainees under SOs to engage management trainees.
Other views welcome.
B.Saikumar
HR & Labour Relations advisor
Navi Mumbai
8th December 2017 From India, Mumbai
Presuming that trainees are not automatically absorbed after training , the company can still take trainees for more than one year though Model S.O. does not provide a class of employees as 'Trainees', provided there is a laid down training scheme and the candidates are clearly told so, particularly that there is not going to be absorption after training. This could be termed as a part of 'Skill India' Programme. But you have to safeguard yourself from falling into the mischief of 'retrenchment' on termination of their training. So the terms & conditions of training have to be clearly spelt out and strictly complied lest you fall into the mischief of 'retrenchment' as per ID Act 1947. Personally I feel, training upto one year could be genuine but more than that with majority of time allotted for on the job training is clever exploitation of cheap labour and misuse of the term 'Trainee' .
8th December 2017 From India, Mumbai
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