Does terminating the services of workmen by labeling them as ‘trainees’ after initially engaging them for a fixed period, amount to unfair labour practice?
From India, New Delhi
Acknowledge(0)
Amend(0)
425From India, New Delhi
Acknowledge(0)Amend(0)
If they are appointed as workman, please do not resort to such practices.
From India, Aizawl
Acknowledge(0)Amend(0)
From India, Aizawl
Acknowledge(0)Amend(0)
So far as I am able to deduce from the case laws known to me in this regard, a 'trainee' would not be a 'workman' under section 2(s) of the IDA, 1947, if the offer letter states that he would not have any lien on employment after the successful completion of his training in the organization and he has been paid a stipend only during the period of training.
However, as per the practice described and enumerated under serial no. 10 of Part I of the Fifth Schedule to the IDA, 1947, keeping such people as trainees continuously for long years to deprive them of the benefits of permanent employment is certainly an unfair labor practice under section 25-T.
From India, Salem
Acknowledge(2)
Amend(0)
However, as per the practice described and enumerated under serial no. 10 of Part I of the Fifth Schedule to the IDA, 1947, keeping such people as trainees continuously for long years to deprive them of the benefits of permanent employment is certainly an unfair labor practice under section 25-T.
From India, Salem
Acknowledge(2)Amend(0)
Unfair Labor Practices with Trainees
This is practiced by many organizations by keeping trainees and depriving the facility of permanent employees year after year. In my opinion, this is an absolutely unfair labor practice. Other than government apprentices or trainees as per standing orders (not more than one year), should not be engaged as trainees.
S. K. Bandyopadhyay (WB, Howrah)
CEO - USD HR Solutions
From India, New Delhi
Acknowledge(0)Amend(0)
This is practiced by many organizations by keeping trainees and depriving the facility of permanent employees year after year. In my opinion, this is an absolutely unfair labor practice. Other than government apprentices or trainees as per standing orders (not more than one year), should not be engaged as trainees.
S. K. Bandyopadhyay (WB, Howrah)
CEO - USD HR Solutions
From India, New Delhi
Acknowledge(0)Amend(0)
Workmen and Trainees
Workmen and 'Trainees' are two different entities in an establishment, and there exist different provisions in the ID Act.
Termination of Trainees
The trainees can be terminated by the employer during the training period, and the traineeship ceases upon the expiry of terms. This is because "a probationer/trainee is not a workman within the meaning of Section 2(s) of the Industrial Disputes Act, and the service of a probationer can be terminated during the period of probation in terms of the appointment, and such termination does not amount to retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act."
Unfair Labour Practice
The termination of a trainee turns into unfair labour practice when an employer engages a trainee at work after the completion of the training period. This is because such engagement gives the person the status of a workman. Thus, any termination preceding this is unfair and bad in the eyes of the law.
From India, Mumbai
Acknowledge(0)Amend(0)
Workmen and 'Trainees' are two different entities in an establishment, and there exist different provisions in the ID Act.
Termination of Trainees
The trainees can be terminated by the employer during the training period, and the traineeship ceases upon the expiry of terms. This is because "a probationer/trainee is not a workman within the meaning of Section 2(s) of the Industrial Disputes Act, and the service of a probationer can be terminated during the period of probation in terms of the appointment, and such termination does not amount to retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act."
Unfair Labour Practice
The termination of a trainee turns into unfair labour practice when an employer engages a trainee at work after the completion of the training period. This is because such engagement gives the person the status of a workman. Thus, any termination preceding this is unfair and bad in the eyes of the law.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
LABOR WELFARE PRACTICES.doc