Naming Trainees or Apprentices with Low Wages: What's the Best Approach?

Hi,

Can we name a Trainee/Apprentice/Office Boy whose salary is below minimum wage or a contractual employee? Which option would be better? Kindly suggest.

Naming Trainees, Apprentices, and Office Boys

Naming a trainee, apprentice, or office boy for individuals earning less than the minimum wage is a wrong practice. Office boys should be paid at least according to the unskilled category, as they fall under the minimum wage criteria. Apprentices should only be considered if they are registered with the appropriate apprenticeship board, and they are entitled to receive a stipend, not a salary. Lastly, if you wish to classify someone as a trainee, you must register them for specific training, which is not recommended.

It is always advisable to adhere to the minimum wage set by the government for your employees, as these rates are designed to ensure that employees have a minimum amount for survival. Failing to pay the minimum wage is not only illegal but also goes against ethical values.

The designation "trainee" or "apprentice" does not alter their status as an employee when they are paid wages and employed to do regular work of the organization. So use their normal designations, appropriate to their nature of work.

B. Saikumar
HR & Labour Relations Adviser
Navi Mumbai

Minimum Wages for Trainees and Apprentices

Trainees are not applicable under minimum wages, subject to your company's standing order. However, apprentices are covered under minimum wages as per the recent notification, with classifications of 70%, 80%, and 90%. Considering the cost of living, it is advisable to provide a reasonable stipend for trainees, and you may also consider offering accommodation and meals. It is important to recognize the talent of individuals for their work and to provide motivation in the form of gift vouchers to help meet their day-to-day expenses.

Regards, Ganesh

Dear Priyanka, even though your post carefully avoids specifying the type of your establishment, it is discernible from your post that the incumbent is an office boy employed at a wage rate less than the minimum wage rate fixed by the Government under the Minimum Wages Act, 1948.

Training for Office Boy
First, the readers would be enlightened if you explain the sort of training you intend to impart on a person appointed as an "office boy."

Apprenticeship Under the Apprentices Act, 1961
Second, an apprentice would be as such if he is taken into apprenticeship under the Apprentices Act, 1961 only. I don't think that your Standing Orders will have any scheme of apprenticeship or training in respect of the category of office boys. Even then, you have to include trainees in the EPF Scheme if the EPF Act, 1952 is applicable to your establishment.

Minimum Wages for Contract Labor
Third, even contract labor has to be paid the minimum wages fixed for the category of work in which they are employed.

Classification of Employees
Fourth and finally, by changing the nomenclature of the posts, you cannot change the classification of the employees. It would be better to try to convince your management to adhere to the law by compliance rather than circumvention as rightly suggested by all above.

Thank you.