Umakanthan53
Labour Law & Hr Consultant

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What is the difference between the applicable labour laws pertaining to Trainees & Apprentice. Can a private medical device firm have an Apprenticeship program?
From India, Mumbai
Apprentice is a learner of a particular trade /discipline in an organization either under the Apprentices Act, 1961 or under a Scheme of Apprenticeship approved in the Standing Orders of the establishment. After completion of apprenticeship, no guarantee for employment in the same organization. An apprentice would not be a workman or employee under any Labour Law other than the Employees Compensation Act, 1923.
A trainee, on the contrary, is a newly appointed employee or a workman undergoing training for a specified period to orient himself /herself with the nuances of a particular job or position in an organization. The entire period of training should be taken into account for all service purposes and a trainee would be an employee under the applicable Laws.

From India, Salem
Hi Umakanthan,
Thank you for providing your insights. Our objective is to have trainees (Bachelors/Masters) for a period of 6 months however there would be no guarantee of employment post training; only the best performer would be given an employment. So in such a scenario what would be the best nomenclature?

From India, Mumbai
If your inherent objective is not to circumvent the application of any labor law, don't bother about the nomenclature; keep them all as probationers for a period of six months with well-defined parameters of performance. Confirm only the best performer and discharge the others as mentioned in their appointment orders.
Alternatively, appoint all as Fixed Term basis contract employees for a period of 6 months and take the best on your regular roll.

From India, Salem
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