Umakanthan53
Labour Law & Hr Consultant
Bijay_majumdar
Freelancer In Hr &indirect Taxes For
+1 Other

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Hi, I have been working in an organization for the past one year. At the time of joining they provided a letter of internship due for 3 months. After completing 3 months they did not provide a confirmation letter. Now after completing one year, I have resigned, they have accepted my resignation and when I asked for a confirmation letter, they are saying that I am still in extended internship. I have salary slips which show that for first 3 months i was paid stipend and then a proper pay. Can I complaint against this? If yes, can please someone help me by explaining how.
In my opinion, internship is similar to apprenticeship which is primarily a training in a particular trade or some professional activity for which some academic qualification stands already acquired by the intern. That's why the remuneration paid during internship is called "stipend" and not wages payable to a full fledged workman or employee. Here the issue complained of by the poster is his continuation beyond the period of 3 months internship in the organization with enhanced remuneration. Generally, internship does not guarantee employment on its completion. Therefore, if there was any internship agreement, the poster has to verify it. In the absence of any specific orders as to either the successful completion of the internship by the poster or as to his appointment in the organization, I don't think that any complaint in this regard will stand legal scrutiny, when the poster had already resigned and the same having been formally accepted.
That apart, I would also add that mere continuation of internship with enhanced remuneration beyond the specified period would not, ipso facto, confer any rightful claim on deemed regular employment subsequent to the individual's resignation.

Dear Umakanthan.M Sir
Thank you for your valuable insights. I have just one question.
My employer had verbally communicated of my permanent role after completing 3 months of my internship and hence the pay slips which I received after that were pay slips issued to permanent employees and not interns. 'Stipend' word was removed from the pay slip and my designation was also mentioned.
Can I not claim my regular employment based on Salary slips?

The important point is that you have already resigned from your internship. As per your own statement, neither your internship was formally extended beyond 3 months nor you were made a regular employee. According to the Management, your internship was extended. Under these circumstances you resigned. In such a situation, how can you legally claim a permanent job from the same employer now? You may just request him to give you an experience certificate which may contain your experience on the job or request him to consider you to be appointed afresh as a regular employee in the same organization.
Written documents are required to prove your point and claim your employment right.There are other facts that may be considered to prove that you were not an in turn.Like your inclusion under statutory compliance.but all these things will ask for genuine proofs to prove your points.
Umakanth sir has advised is correct, hence follow the same.
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