Anonymous
If an engineering graduate is working on a central government project with the designation "Project Trainee" and getting consolidated remuneration of Rs. 20,000 per month and getting no other benefit like ESI, PF, etc. and his/her appointment clause says "he/she can never claim regular employment based on this experience within the institute nor any benefit or privilege applicable to regular employees", can he/she claim to be an "Employee" or "in employment" during that tenure with the institute?
or he/she will be considered as a student/ learner and not an employee?

From India, Kolkata
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
KK!HR
Management Consultancy

Use factoHR and automate your HR processes

Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.



saswatabanerjee
2289

It is not possible to give an answer without details.
Please do not be vague and make it look like you are asking someone to solve a case study

Give the full details, circumstances, what is your role in it and then someone will be able to give the proper answer

From India, Mumbai
Anonymous
Dear Sir,
The above terms and conditions are not vague at all. I have worked for a central government project on a purely temporary contractual basis as a project trainee. I received consolidated remuneration of 20000 Rs per month only and no other benefit like ESI, PF etc. In my appointment letter it was written that no privilege or benefit like regular employees will be applicable to me and I cannot claim regular employment within the institute based on this experience.
Now my question is was I an "employee" or simply a "learner" not an "employee"?

From India, Kolkata
Anonymous
Further it was mentioned in my appointment letter that the position is initially for one year and coterminous with the project complition.
From India, Kolkata
saswatabanerjee
2289

You didn't get my point.

The details you have given are vague. We know nothing about the place, the state, the type of organisation, what other things are in your appointment letter, whether you are a contract employee, or an employee employed through a contractor or a FTE. If you were a trainee under the standing orders or under apprentice act, or just called a trainee, all these make a major difference in law.

Just a statement that it was purely contractual is not going to allow people to know what the legal status is.

From India, Mumbai
Anonymous
Okay my bad, I understand.

Further details are as follows-

The institute was an autonomous research institute under the government of India, and based in the state of Karnataka.
I was neither appointed through a contractor nor was an FTE. I was not engaged through the apprentice act as well.
Now, since I did not receive any benefit like PF, ESI etc. and my designation was "Project Trainee" that's why I think I was a trainee under standing order of the organization and not a contractual "employee". Am I correct ? Please help.

From India, Kolkata
Anonymous
Please note - I was hired for a specific project only.
From India, Kolkata
KK!HR
1317

You were an employee though you were trainee. As you were employed by the firm you remained an employee for the tenure which remained. You cannot claim any benefit of being a permanent employee on this account.
From India, Mumbai
saswatabanerjee
2289

Dear ANNONYMOUS,

Please check the Standing Orders of the company to see whether they have a provision of taking a trainee. If there is such a provision and your appointment adheres to the terms stated in it, you are a trainee and not an employee.

In any other case, you are an employee. At best, though, you will be a temporary employee and not entailed to benefits of a permanent employee. However, even if you are a trainee under the standing orders, you are eligible to have been covered under ESIC and to that extent the company is in default. Since your starting salary was above ₹ 15,000 you would be considered an exempt employee and therefore outside the perview of PF.

Therefore, you probably do not have any recourse against the company as such.

If you explain what you are trying to achieve, we may be able to give better suggestion.

From India, Mumbai
bharat-gera
5

Dear Friend,

Except for Apprenticeship Act, the employment laws do not acknowledge trainee as a category. The employment laws recognise as Casual worker, temporary worker, probationer, permanent worker & contract worker. It is the contract of employment which decides the status. Hence the trainee is an employee entitled to all the benefits.

Warm Regards
Bharat Gera
AV Consultants
9322404765

From India, Thane

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.







About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2022 CiteHRŽ

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server