Can We Hire Trainees Without Certified Standing Orders or Apprentice Act Registration?

Seniors,

If the organization does not have Certified Standing Orders and is not registered under the Apprentice Act, can the organization engage Company Trainee or Management Trainee?

Thanks in advance.

If your establishment is covered by the Standing Orders Act but does not have certified standing orders, the model standing orders are applicable to you. In my view, you can engage trainees under model standing orders until you get your standing orders certified. Other views are welcome.

B. Saikumar
HR & Labour Relations Advisor
Navi Mumbai

Saikumar Sir,

The question pertains to trainees who are not defined under the Apprentice Act.

In my view, a management trainee stands on a different footing from apprentices. They are appointed against full-time positions but kept under training for a specified period, on successful completion of which they will be confirmed in permanent service. The object of the Apprentices Act is to develop skills in people holding technical qualifications or certifications in technical trades through apprenticeship training to make them employable. There is no obligation on the employer to confirm them in his service upon completion of apprenticeship training.

Other views are welcome.

Regards, B. Saikumar
HR & Labour Relations Advisor
Navi Mumbai

Since the company does not have a certified S.O., the Model S.O. would apply. I have tried to verify the IE SO Bombay Act but could not download it from the net. However, in the Model S.O. of Central Rules, the classification of employees speaks only of Apprentices; there is no mention of company trainees. So, despite its absence, can a company still have Trainees is a moot question to be answered.

Types of trainees

There are two types of trainees: one set of trainees are trained for further absorption in the company, more used for Management Trainees, and the second is those engaged on a year-to-year basis and after the training is over, they leave, mostly technical trainees. In case you would like to adopt the latter course, have a clear-cut policy and training manual; appointments have to strictly follow the training schedule, and the end date specifically mentioned and followed. It is seen that many organizations take trainees with the avowed purpose of imparting training, but they are used in regular production jobs, their appointment periods get extended, finally after the lapse of a sizeable period you have a problem in hand, neither they can be terminated nor you want to absorb them. Beware of this pitfall. Speaking from my experience, in addition to Act Apprentices, we had certain Company Trainees taken every year and trained them as per the curriculum, and they were let off after training, but our Certified S.O. had a provision for it.

In the Model S.O. of Central Rules, the classification of employees speaks only of Apprentices; there is no mention of company trainees. So, despite its absence, can a company still have trainees is a moot question to be answered.

This is my question, Sir. As the Model S.O. does not mention Company Trainee/Trainee, can the employer take a trainee for a period for more than 01 year at a time?

Applicability of Standing Orders to Trainees

Prashant,

The Standing Orders apply to the workmen cadre, and the expression 'apprentice' needs to be understood in this context. A management trainee falls outside the purview of the Standing Orders since they are trained in managerial skills to be absorbed later if engaged.

A company also has another kind of training for students of management and commerce, like 'internships,' which is also outside the purview of the Standing Orders.

I agree with KKHR that the company should have a training policy distinguishable from apprentices under the Apprentices Act and trainees under Standing Orders to engage management trainees. Other views are welcome.

Regards, B. Saikumar HR & Labour Relations Advisor Navi Mumbai

Engaging Trainees Without Certified Standing Orders

Presuming that trainees are not automatically absorbed after training, the company can still take trainees for more than one year. Although Model S.O. does not provide a class of employees as 'Trainees', provided there is a laid down training scheme and the candidates are clearly informed that there will be no absorption after training. This could be termed as a part of the 'Skill India' Programme. However, you have to safeguard yourself from falling into the mischief of 'retrenchment' upon termination of their training. Therefore, the terms and conditions of training have to be clearly outlined and strictly adhered to, lest you fall into the mischief of 'retrenchment' as per the ID Act 1947.

Personally, I feel training up to one year could be genuine, but extending it beyond that with the majority of the time allocated for on-the-job training is a clever exploitation of cheap labor and a misuse of the term 'Trainee'.

There wasn't a clear explanation provided for the company trainees and apprentices under the Apprentices Act of 1961 and the Model Standing Order Act. Those apprentices or company trainees are engaging in their training in various premises, but the premises may not be aware of the records that need to be maintained by the factory. Can someone clarify this doubt in detail?