Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
+1 Other

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I have one doubt, If any candidate is hire for internship for particular duration after completion of that duration if company take that candidate as on company payroll as an employee than as per the normal procedure is he/she has to follow the same procedure of probation period and leaves not allowed during probation period? Please clear my doubt.
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As soon as an employed person gets qualified to be an employee/workman/person employed as per the establishment-specific Labor Law applicable to his/her establishment, he is entitled to the benefits of the leave provisions of that Law irrespective of his employment status such as probationer, confirmed, fixed term contract employee and the like. Only leave like EL may extend the period of his probation if availed by him but it can not be denied. However, normally, the time length of accrual of EL would always be longer than the period of probation
The company has excluded your period of internship for any benefit. Thereafter it has appointed you on probation, yet leave facility is not allowed to you. The internship is a fixed term appointment and hence the benefits during this period is defined by the contract of internship. Thereafter, in denying you EL, there is violation of Factories Act or Shop & Establishment Act as the case may be as you have already completed the eligibility period for it.
Dear Priyanka ji,
What do you mean by internship? What is the duration of internship?
The above questions are asked by me since you promise the interns the employment on completion of internship.
Internship is a part of academic curriculam stands on a footing different from trainees appointed under standing orders or apprentices appointed under the Apprentices Act. Therefore, there is no employee-employer relationship between you and the interns.
But from your query what I smell is that the internship you have is not a part of academic curriculam and therefore, there exist an employee-employer relationship between you and the interns.
Under the circumstances you need to follow all applicable employment / labour laws from beginning of Internship.
Employment of any person is subjected to the Standing Orders Act or as per your policy if Standing Orders Act is not applicable to you.
Dear Priyanka,
You need to understand that training and employment are two different aspect. Person under Internship/training is Trainee and person engaged in job is an employee.
It all depend upon the employer, if considers the employment period from the date of internship or otherwise on the date he confirmed for an employment.
No one is eligible for any sort of leave while on probation or training or internship. There is no specific rule but establishments make provision in their Standing Order. The terms adopted in SO is the rule to follow, hope this will clarify your doubts.
Dear Prabhat ji,
With due respect to you, I would like to differ with you on your statement - No one is eligible for any sort of leave while on probation or training or internship.
Internship is not an employment as I said in my earlier post. Any kind of leave to interns is totally depends upon the arrangement between the interns, the college or the institute of which the interns is a student & the company.
As regards to probationer or trainee, they are the employees of the company and they are governed by S.O. / Law relating to service conditions such as FA, S&E Act as applicable / service rules or policy formulated by the company in accordance with law. The privilege leave is earned by an employee from his day one of employment however he is permitted avail it as per company rules & regulations, generally in next year. Even casual leave is credited in the account of employee from his first day of employment onwards, generally. No Act says that an employee is not eligible to any kind of leave during probation or trainee period, to my knowledge.
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