How to get a Standing Order for enrolling freshers as apprentice?

jijokuruvilla2312
Hi I am JIjo.
I am working in a Bus body manufacturing firm. In my company many ITI/ITC, Btec freshers are joining for training. Is there any option or how to get a standing order for enrolling them as apprentice for not paying PF.
Prashant B Ingawale
1) Till the time you get your standing orders certified you can not get exemption for PF as Trainee.
2) Till the time you register your organization under apprentice Act you can not get exemption for PF for Apprentices.
jijokuruvilla2312
Hi Prashant,
Please tell me how to get a standing order for the same or how to register my organization for the same
Shrikant_pra
Legal apprentices are as defined in the apprentices act. Only after approval of apprenticeship adviser only apprentices can be engaged. Evn if you engage employee as apprentices without the adviser, s/he will be treated as regular employee.
Prashant Ingawale note this.
Srinath Sai Ram
Dear Mr Jijo, you have to submit "Draft Standing Orders" to the Certifying Authority for Certification.If Trainees are continued in service after completion of Training, you are liable to cover them under EPF Act, with retrospective Date/From the date of Training.Consequently, you are requested to revisit your decision
Shrikant_pra
Srinath,
By doing so can he have category of employee as apprentice without apprenticeship advisor approval?
Srinath Sai Ram
Dear Shrikant Sir,
No, Apprentice is one who is Appointed as per The Apprenticeship Act, 1961 duly approved by concerned Apprenticeship Advisor.
jijokuruvilla2312
Hi Sir,
In our company every year candidates from ITI's and Engineering colleges are joining as trainees with less stipend. After one year we move them to permanent roll if they are suitable for that. Till that one year they are covered under ESIC (One year training period) and no PF. Now i want to take a standing order for engaging these type of trainees. If any draft format for Standing order available please forward me and help. Or tell me whom should i consult for taking the same. (jijokuruvilla2312@gmail.com)
Srinath Sai Ram
Dear Mr Jijo, you have stated that, Trainees are covered under ESI during Training Period.Consequently, they have to be covered under EPF During Training period irrespective of absorption/Non absorption on the rolls of the company.It is your misconception that by getting standing orders certified, you can exclude Trainees from the coverage of EPF.Please revisit your decision after considering all pros & cons
Shrikant_pra
Dear Jijo,
If you are paying less than prescribed minimum wages to them you could face legal action. Paying less than minimum wages will be viewed very seriously. Stipend being paid should at least be equal to the prescribed minimum wages.
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