Have Courts in India suggested any maximum time period during which an intern with a private company can continue her internship as a student, without falling into the category of ‘employee’?
See, there is no such period unless the agreement specifies so. Under Section 6 of The Apprentices Act, the limit is decided by NCVT, SCTE, CG, or SG. However, this applies only to those organizations covered by it. Therefore, the contract ultimately decides the period. If there is no contract, then you have to determine a reasonable period according to the trade.
An intern is not defined as such in Indian labor law. Therefore, they are employees from the first day they work for you.
If you are taking apprentices as approved by the apprentice advisor, then they are not employees under the rules as long as you adhere to the terms and period specified by the apprentice advisor. If your certified standing orders have a provision for apprentices (other than those under the Apprentices Act), then those recruited under the standing orders as apprentices will not be employees. The standing orders will generally restrict it between 1 and 2 years.
Any other intern is an employee from day 1.
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