Insights on Provisions for Trial Basis Employees and Legal Obligations

Hi, can anyone tell me the provisions for those kinds of employees we have employed on a trial basis? What are the provisions/legal obligations for these employees under the Factories Act, Workmen's Compensation Act, Standing Orders, or any other relevant Acts considering a large manufacturing business unit? Please suggest your views.

You will come across the following categories of employees:

1. Trainees: They are the people who are trained to do a particular job.

2. Probationers: They are the employees on a trial basis. The probationary period is restricted to 6 months under the Model Standing Orders Act, and the extension is limited to three months each twice. You need to examine this in the Model Standing Orders of your state.

3. Confirmed workmen: These probationers are then confirmed after the successful completion of the probationary period.

Sivasankaran

Hi Mr. Sivasankaran,

It's really useful for me. However, the question is still unanswered. We are looking to employ a few workers on a trial basis, and we do not intend to provide them with anything beyond their wages/salary until they complete their trial. Are there any legal issues if we proceed with this? Please advise.

Thank you.

Dear Sharma,

Legally, you need to give notice. If you do not want to give notice, there are methods you can follow. You need to consult a labor consultant in your area and follow their advice. However, I would strongly recommend that you adhere to the law. It is a basic requirement, and as HR professionals, we have a duty to perform. By evading the law, we achieve nothing.

T. Sivasankaran

Mr. T Sivasankaran,

Very good morning!

You are right in your point, but the management of the company forces us to go for this. So we have no choice except to listen to the same.

Anyway, thanks to you. I will definitely consider your above facts.

Take care.

Dear Sharma,

I believe that employment on a retainer basis will best suit you. You will only need to pay the amount as per the retainer agreement. If you find any suitable candidate(s) through this employment, you can regularize them after the agreement is closed or by pre-closing the agreement.

Thank you.

Hello, dear,

Retainership is always a good option for us, but it is restricted for certain professionals like doctors, HR, etc. However, we can't hire them for the manufacturing process, and that is a problem for us. What we want is almost clear, so please give your ideas on this.

Thanks