What Documents Should We Provide to Trainees During Their Initial 6 Months?

Hello Folks,

Just wanted to know what documents are to be given to a "TRAINEE" who has joined the org. We have taken freshers as "Trainees" for a period of 6 months and have not yet decided on their employment as this decision would be based on their performance and management after 6 months.

So what documents do I need to give them? I have given them an Offer Letter, but what about Appointment Letters? For TRAINEES, do we provide Appointment Letters? Please advise!

Dear Sunita,

Every person who joins an organization (whether trainee, apprentice, or permanent) needs to be given an offer as well as an appointment letter. It's different that not all companies follow such good HR practices. The only difference being that appointment letters given to trainees have a different set of clauses from normal appointment letters given to employees who are joining on permanent rolls of the company.

Regards

Thank you for your suggestion. In case you have a format available, could you please share it with me or at least inform me of the important clauses applicable to trainees?

Hello Folks,

Just wanted to know what documents are to be given to a "TRAINEE" who has joined the organization. We have recruited freshers as "Trainees" for a period of 6 months and have not yet decided on their employment status, as this decision will be based on their performance and management evaluation after 6 months. So, what documents do I need to provide to them? I have given them the Offer letter, but what about appointment letters for TRAINEES? Do we give appointment letters to trainees? Please advise!

Dear Sunita,

Every person who joins an organization, whether as a trainee, apprentice, or permanent employee, needs to be given an offer letter as well as an appointment letter. It's different that not all companies follow such good HR practices. The only difference is that appointment letters given to trainees have a different set of clauses compared to normal appointment letters given to employees joining on the permanent rolls of the company.

Regards

Dear Sunita,

Four to five clauses would be enough:

- A clause stating his joining as a trainee for a period of 6 months.
- A clause stating the stipend amount.
- A clause stating that his/her trainee period will be over by the efflux of time with no promise of future appointment in the company.
- A clause stating no statutory deduction from his stipend amount.
- A clause wishing him luck in his assignment with the company.

Regards

I have another question to ask Awvik. Let us suppose a scenario where we decide to give these trainees permanent employment with us. Should I give them another letter of appointment?

Dear Sunita,

Of course, there is no question about it. It will be considered as a fresh appointment with all new terms and conditions as per your company policy. However, it will only be considered after the completion of the trainee period. Don't give any hint of such a promise in the trainee appointment letter.

Regards

Firstly, provide the training relieving letter after finishing the training period. Then, proceed with the necessary formalities for the appointment as per the norms of your company.

---

Dear Sunita,

Please respond to the following queries, since these are VERY IMPORTANT and VERY RELEVANT to the issue you have raised:

1. Does your company have any planned and structured, documented Training Programme/Scheme?
2. If you have one, what are the main features/characteristics of this scheme? Do you have any Standing Orders/Service Conditions in your company? Does it have any provision for engaging Trainees?
3. What is the stipend that you pay to the Trainees?
4. Are they covered under ESI, PF, Bonus Act, etc.?
5. Do they get leave just the way other regular employees do?
6. Can you scan and send me the Offer Letter that you have issued to these Trainees?

If you respond to my above queries, I can guide you on how to implement this plan properly and effectively. I have had the experience of formulating such schemes in some of the companies I worked for.

Cheers!
Vasant Nair
09717726667
Email: vasantnair10@gmail.com

Just give them a Joining Letter after successful completion of the probation period. Give them an Appointment Letter.

If you would like to take them on direct employment, you can designate them as a "probationer" for 6 months, which can be extended for another 6 months based on performance. A confirmation letter can be issued after that.

The decision on their employment would be taken post 6 months so can't really promise them direct employment right now.

Except for casual labor, we have to issue an appointment order even for learners, trainees, probationers, etc., otherwise, it could lead to legal issues.

You are appointed as a Learner/Trainee in our XXXXX department for a period of 6 months, which may be extended for a further period at the discretion of the management.

Your monthly stipend will be XXXXXXXXXXXXX during the training period.

During the training period, you may be assigned to any department(s).

Throughout the training period, you are not eligible for perks, allowances, benefits, etc., if any, that are provided to regular employees of the company.

The management reserves the right to terminate your training without notice.

There will be no guarantee of employment after successful completion of the training.

Please note that a confidentiality clause will also be included.

Offer letters are given when the job offer is made to any candidate after their selection. An appointment letter is provided upon their joining the organization.

The appointment letter is given to all, whether they join as "Trainees," "Probationers," or "Consultants."

Saurabh

Dear Awvik,

As you rightly suggested, the Trainees' company generally doesn't deduct any statutory deductions. Can you tell me why? It is a government rule that anyone working in the company, regardless of the period, should have PF & P Tax deducted.

Please let me know.

Regards,
Supriya
(M) +9836627666

I suggest issuing him a probation letter for 6 months. After the 6-month period, as you mentioned, evaluate his performance and then provide him with an appointment letter.

Regards,
Usha Nikam

Dear Sunita,

Right now, you should only give them the offer letter. The appointment letter can be given after they successfully complete their probation period.

Dear Sunita,

I think many members are very keen on giving you suggestions, which might end up confusing you. I hope by now you have understood the crux of the matter and will be able to handle it individually and successfully.

All the best.

By the way, there is no such thing as a probation letter in HR.

Regards

Hi,

Yes, the appointment letter to be issued and the clause to be included differs from company to company, but since he is a trainee, he is also part of your organization.

Regards,
Sreekumar

Dear Sunita,

Awvik is perfectly right, as usual, in all his posts. Please go through his posts and act accordingly. Others have also given some useful comments and advice, especially ramanag66.

Hope you have understood everything, especially:

- Difference between offer and appointment Letter
- That even the trainees must be given an Appointment Letter upon joining.
- There is nothing called a Probationary Letter. In fact, on satisfactory completion of probation, for trainees; a regularization order or a fresh (2nd) Appointment Letter is issued (explained below). In the case of senior management executive, on completion of training, no such letter may be issued - and it implies "deemed" completion of probation. Only in case of unsatisfactory performance during probation needs action.

Awvik has referred to TWO sets of appointment letters for Trainees - one at the time of joining, another after completion of training.

He is right again. In established organizations and PSU's - where the process has been standardized for years and made legally compliant - the first order is called Part - I order (of the Appointment order); whereas the second one is called the Part - II order which generally starts with "On satisfactory completion of your training period/probation period; you are hereby appointed as ----------- (Designation) ......."

In certain types of trainees, the date of Part - II order is considered the date of joining (for obvious reasons) which has implications in gratuity, seniority, etc.

Hope the whole CONCEPT OF APPOINTMENT OF TRAINEES is clear to you now.

Regards.

Awvik;844142 says: "Dear Sunita,

Of course, no question about it. It will be considered as a fresh appointment with all new terms and conditions as per your company policy. But it will only be considered after the completion of the trainee period. Don't give any hint of such a promise in the trainee appointment letter.

Regards"

Awvik;845758 says: "Dear Sunita,

I think a lot of members are very keen on giving you suggestions which might, in the end, confuse you. I hope by now you have understood the crux of the matter and you will be able to handle the matter individually and successfully.

All the best

By the way, there is nothing called a probation letter in HR.

Regards"

Dear Sunita,

As per our company policy, after finalizing the candidate, we immediately provide the Letter of Intent (L.O.I.) so that he/she can resign from their current employer. Upon receiving the acknowledged copy of the L.O.I., we will proceed to prepare the offer letter accordingly. Once the candidate joins, we will issue the appointment letter.

Regards,
TM

Dear Friends,

Please find attached the draft appointment letter for trainees. I hope it will be useful to you, HRs.

G.K. Manjunath, Manager - HR

Sunita, trainees should be given only the offer letter once they get confirmed as direct employees after probation. Then, the appointment letter with all the salary breakup should be given.

Thanks,
Rajasekar

Dear Friends,

Please find attached the draft appointment letter for trainees. I hope it will be useful to you, HRs.

F/GEN/ Date: 2

Sri

Dear Sir,

SUB: YOUR ENGAGEMENT AS TRAINEE

With reference to your application dated ............. and the subsequent interview you had with us, we are pleased to appoint you as a Trainee in our Organization on the following terms and conditions:

1. Training Period:

You will be on training for a period of 24 months from the date of reporting for Training. The Company reserves the right to extend the training period at its sole discretion if your learning and progress are not found satisfactory. During the training period, your services are liable to be terminated by either party without assigning any reason and without prior notice.

2. Stipend during the training period:

You will be paid a stipend of Rs. 3,500/- per month during the period of training. This will be a consolidated payment, and you will not be entitled to any other payment.

3. Medical Fitness:

Your engagement as a Trainee is subject to your Medical Fitness, and you are requested to produce a Medical Certificate from a Doctor as specified by the Company at the time of joining the Training.

4. Discipline:

You will adhere to the instructions of your superiors, abide by the working hours and the shift schedule, and the rules of discipline at the workplace.

5. Regularity and Punctuality

You will adhere to regularity, punctuality, and learn the work diligently.

6. Transfer:

In order to provide wider exposures during training, you may be transferred to any other section or department in the factory, or you may be transferred to another establishment to provide an opportunity to work in a different atmosphere and to enhance your knowledge and functional skill.

7. Restrictive Covenant - Nondisclosure:

While undergoing training, you will not take up any other course, training assignment, job, or any other kind of vacation or business, part-time or full time without the written permission of the Management; you shall undergo training exclusively.

8. Evaluation of performance and Termination of Training:

Your progress during the training period will be reviewed periodically, and if it is found that you are not progressing satisfactorily, your services are liable to be terminated without any notice or pay in lieu thereof. Your training may be terminated with or without assigning any reason and without notice or payment of stipend in lieu thereof if the Management considers it inexpedient to continue your training.

9. OTHER TERMS AND CONDITIONS OF TRAINING:

(i) You will be governed by the Rules and Regulations of the Company as in force from time to time.

(ii) You are expected to maintain a high standard of discipline, efficiency, and integrity.

(iii) You shall not at any time during your training period or after, disclose to anyone any information, know-how, knowledge, secrets, methods, plans of the Company.

(iv) You shall take good care of and be responsible for the work, machinery, tools, materials, and other items entrusted to you from time to time during the tenure of your training.

(v) You should, on no account, place yourself in a position where your interest conflicts with the interest of the company.

(vi) You shall make your arrangements for transport between the company and your place of residence. The Management will not accept any responsibility in this regard.

(vii) You shall not have any financial transactions while in service with other employees.

(viii) If through your negligence or willful act any loss or damage is caused to the assets of the company, you shall be liable to make good the loss suffered by the Company. Such loss may be recovered from your stipend or any other payment due to you to the extent of the loss or damage suffered by the Company.

(ix) If it is found that you have misrepresented any information in your application for employment or at the time of the interview, or have furnished any false information or have concealed or suppressed any relevant material facts, your services are liable to be terminated at any time without any notice or compensation in lieu thereof.

10. Scope of Employment:

On successful completion of training, at the sole discretion of the Company, you may be considered for employment in the Company provided there exists a suitable vacancy. In the event, you are appointed in the service of the Company, you shall agree to serve the company for a minimum period of at least 5 years from the date of your appointment on a regular basis. You shall be liable to execute an agreement in this regard and also agree to pay damages as specified by the Company in the event you fail to serve the company for a minimum period. However, the training will neither create any right of employment nor a right of preference for employment in the Company.

If the above terms and conditions are acceptable to you, please return the duplicate copy of this letter of offer of appointment after affixing your signature in token of your acceptance of the above terms and conditions and report for training not later than 30th June 2009.

We look forward to a mutually beneficial association with you.

Thank you,

Yours faithfully,

For

Authorized Signatory

ENDORSEMENT

I hereby confirm acceptance of my engagement as a Trainee on the terms and conditions stipulated therein.

PLACE:

DATE: SIGNATURE OF THE CANDIDATE

G.K. Manjunath,

Manager-HR

Dear Sunita,

It is nice to see the variety of responses you have received regarding your query. However, most of the suggestions are not quite right, and if you choose to take any or all of them at face value, you are creating a time bomb for yourself. You are inviting future trouble.

Let me explain the exact status of Trainees:

1. Apprentices:

You can engage Trade Apprentices in accordance with the provisions of the Apprentices Act. When you do so, you will enter into a Contract For Apprenticeship with each candidate and ensure that this contract is registered with the concerned Apprenticeship Advisor. Apprentices are ONLY governed by the provisions of the Apprentices Act. Provisions of other Labour Laws like ESI, PF, Bonus, etc. do NOT apply to them. Apprentices are NOT WORKMEN under the ID Act, 1947. You are under no obligation to regularize their appointment after their Training under this statute is over.

2. Trainees:

In your case, you have engaged some freshers and have decided to call them Trainees. In the absence of any defined, documented Training Scheme/Plan duly approved by the appropriate Govt., merely calling people Trainees will NOT suffice. You will be obliged to extend to them the benefits of ESI, PF, Bonus, Leave, etc., as they actually enjoy the status of regular employees. If your certified Standing Orders provide for the classification of some employees as Trainees, then such a Trainee Scheme will serve you well. You can engage them as Trainees, and other Labour laws will NOT apply to them. In this situation, you are SAFE. Such Trainees are Workmen under the ID Act, 1947.

As a practical solution, you may want to keep their stipend at a level where ESI, PF, and Bonus do not apply.

What you should have is:

1. A properly defined and documented Training Scheme in place.

2. Whenever you engage anyone as a Trainee, have them sign a detailed Agreement for Training. This should be executed on a Non-Judicial Stamp Paper (preferably of Rs.100/-).

3. This document will clearly stipulate the terms of Training, Stipend, the Training Curriculum, etc. There should also be a clause making it compulsory for the Trainee to serve the Company for a stipulated period, say One/Two Years. In case of any default in this regard, the Trainee will be liable to a defined penalty. This should be incorporated in the Agreement. The Agreement should also clearly outline that during the Training period, performance will be under constant review. Training can be extended if the performance is unsatisfactory, etc.

4. You should have a defined system of Monthly Reviews (since your Training period is only for Six Months). These reviews MUST be documented, and proper written feedback MUST be given to each Trainee. Copies of such counseling letters MUST be signed in acknowledgment by each Trainee individually.

5. At the end of the Training period, each successful Trainee must be given a detailed Appointment Letter as promised in the Agreement for Training.

6. They should ideally NOT be placed on probation and must be considered as confirmed employees. Incidentally, a probationary clause is often included in the Appointment Letter. Sometimes, the Appointment letter given to a new employee who is on Probation initially is called a Probation Letter.

It is crucial to maintain proper documentation. You may even want to consult your Company's Legal Advisor to ensure there are no discrepancies in your plan.

Cheers!

Vasant Nair

Dear Mahesh,

Please read my detailed email that I have sent to Sunita. This email is towards the end of the responses. Yes, such trainees are required to be covered under ESI & PF if they are eligible (I mean wage levels).

Cheers!!! Vasant Nair

Dear Members,

Thank you for all your valuable suggestions, particularly from Awvik, Ramna, Manjunath, and Vineet. Your input has greatly helped me in addressing the issue.

Please let me know if you need any further information or assistance.

Best regards

At the outset, I want to make it clear that any organization that wants to engage trainees must have a plan for their career. Why trainees? This is basically to induct new blood into the company and mold them in your culture. Trainees, or whatever way you call them, will be employees, and you must give them an appointment letter stating that they have been engaged (not appointed) to undergo training, stating the stipend, period of training, and, of course, other terms and conditions.

You will have to appraise their performance periodically - say in your case quarterly. Then, if found suitable, you may take them on your rolls after 6 months.

Hello Sunita,

Now, I am an experienced person working in an IT company. When I joined my first company as a trainee, they gave me an offer letter as a trainee. After completion, they provided me with the experience of an employee of that company.

Dear Sunitha,

Can you forward me the sample appointment/offer letter of trainees who are based on stipend for 6 months? After 6 months, we will be offering a salaried position. It would be a great help to me if you could send it ASAP.

Regards,
Sridevi

Could you please forward me the sample appointment/offer letter for trainees who are on a stipend for 6 months? After the initial 6 months, we plan to offer them a salaried position. Your prompt assistance in this matter would be greatly appreciated.

Regards,
Revathi Sivasamy