Is a Project Trainee Considered an Employee or Just a Learner in Government Projects?

Employment Status of a Project Trainee

If an engineering graduate is working on a central government project with the designation "Project Trainee" and receiving a consolidated remuneration of Rs. 20,000 per month without any other benefits like ESI, PF, etc., and their appointment clause states "he/she can never claim regular employment based on this experience within the institute nor any benefit or privilege applicable to regular employees," can he/she claim to be an "Employee" or "in employment" during that tenure with the institute? Or will he/she be considered a student/learner and not an employee?

Dear Sir, the above terms and conditions are not vague at all. I have worked for a central government project on a purely temporary contractual basis as a project trainee. I received consolidated remuneration of 20,000 Rs per month only and no other benefits like ESI, PF, etc. In my appointment letter, it was written that no privilege or benefit like regular employees will be applicable to me, and I cannot claim regular employment within the institute based on this experience.

Now my question is, was I an "employee" or simply a "learner," not an "employee"?

You didn't get my point.

The details you have given are vague. We know nothing about the place, the state, the type of organization, what other things are in your appointment letter, whether you are a contract employee, or an employee employed through a contractor or a full-time employee (FTE). If you were a trainee under the standing orders or under the Apprentice Act, or just called a trainee, all these make a major difference in law.

Just a statement that it was purely contractual is not going to allow people to know what the legal status is.

Further details are as follows:

The institute was an autonomous research institute under the government of India and based in the state of Karnataka. I was neither appointed through a contractor nor was I a full-time employee (FTE). I was not engaged through the Apprentice Act as well.

Now, since I did not receive any benefits like PF, ESI, etc., and my designation was "Project Trainee," I think I was a trainee under the standing order of the organization and not a contractual "employee." Am I correct? Please help.

You were an employee, though you were a trainee. As you were employed by the firm, you remained an employee for the duration of your tenure. You cannot claim any benefits of being a permanent employee based on this.

Thank you.

Dear ANONYMOUS,

Please check the Standing Orders of the company to see whether they have a provision for taking a trainee. If there is such a provision and your appointment adheres to the terms stated in it, you are a trainee and not an employee.

In any other case, you are an employee. At best, though, you will be a temporary employee and not entitled to the benefits of a permanent employee. However, even if you are a trainee under the standing orders, you are eligible to be covered under ESIC, and to that extent, the company is in default. Since your starting salary was above ₹15,000, you would be considered an exempt employee and therefore outside the purview of PF.

Therefore, you probably do not have any recourse against the company as such.

If you explain what you are trying to achieve, we may be able to give better suggestions.

Employment Status of Trainees

Except for the Apprenticeship Act, employment laws do not acknowledge trainees as a distinct category. Employment laws recognize individuals as casual workers, temporary workers, probationers, permanent workers, and contract workers. It is the employment contract that determines the individual's status. Therefore, a trainee is considered an employee entitled to all benefits.

Warm Regards,
Bharat Gera
AV Consultants
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