Umakanthan53
Labour Law & Hr Consultant
Manojkamble
Sr. Hr Executive
+3 Others

Hi
Can we name Trainee/Apprentice/Office Boy whose salary is below minimum wages or contractual employee. Which one option will be better, kindly suggest.
22nd December 2017 From India, Delhi
Dear Priyanka,
Naming Trainee / Apprentice / Office Boy is wrong practice for people drawing less than minimum wages salary. Office Boys anyways will fall under minimum wages thus you are supposed to pay atleast as per unskilled category.Apprentices are counted only if they are registered with appropriate apprenticeship board and they will be paid stipend and not salary. Third and last is, if you want to count them in trainee then again you have to register your employee for purticular training which is highly not advisable.
It is always advisable to pay the minimum wages drafted by the govt to the staff working for you as the minimum wages are always drafted on the basis that the employee should have minimum survival amount in there hand. Non payment of minimum wages is against the law as well as ethical value.
22nd December 2017
The designation "trainee" or "apprentice" does not alter their status as employee when they are paid wages and employed to do regular work of the organisation.So use their normal designations,appropriate to their nature of work .
B.Saikumar
HR & Labour Relations Adviser
Navi Mumbai
22nd December 2017 From India, Mumbai
Trainee is not applicable under minimum wages subject to your company standing order and next apprentice are cover under minimum wages as per recent notification 70 %, 80 % and 90 % classification. Based on the cost of living, please try to pay reasonable stipend for trainee and you can offer accommodation plus food also. The talent guys should honour for their work and initiate motivation amount (Gift voucher) then and there which meet out their day to day expenses
Ganesh
Head HR - Maijo Moto Cochin
7559997888
24th December 2017 From India, undefined
Dear Priyanka,
Even though your post carefully avoids the type of your establishment, it is discernible from your post that the incumbent is an office boy employed at a wage rate less than the minimum wage rate fixed by the Govt under the Minimum Wages Act,1948. First, the readers would be enlightened if you explain the sort of training you intend to impart on a person appointed as an "office boy". Second, an apprentice would be as such if he is taken into apprenticeship under the Apprentices Act,1961 only. I don't think that your Standing Orders will have any scheme of apprenticeship or training in respect of the category of office boys. Even then you have to include trainees in the EPF Scheme if the EPF Act,1952 is applicable to your establishment. Third, even contract labor has to be paid the minimum wages fixed for the category of work in which they are employed. Fourth and final, by changing the nomenclature of the posts, you can not change the classification of the employees. Better, try to convince your management to adhere to law by compliance rather than circumvention as rightly suggested by all above
25th December 2017 From India, Salem
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