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parag_kawale
2

Dear all,
is it mandatory to extend the benefits of pf,esi,bonus and other statutory benefits to employees employed as trainee in the organisation without registration under apprentices act.
If it is mandatory, kindly mention the section/clause under the respective acts.
Regards,
parag

From India, Nasik
Madhu.T.K
4193

All trainees other than those engaged as apprentices as per provisions of Apprentice Act, 1961, are considered as employees for the purpose of any labour legislation. A trainee engaged as per provisions of the certified Standing Orders of the company is excluded from EPF but no such exclusion is given in respect of ESI. For the purpose of payment of Bonus also trainees are considered to be employees. Trainees are considered employees for all benefits like, lay off compensation, retrenchment compensation and entitlement to approach before the disputes settlement machinery under the Industrial Disputes Act. Moreover, training period (other than apprenticeship period) will be counted for calculation of eligibility and amount of gratuity when he leaves the establishment.
Regards,
Madhu.T.K

From India, Kannur
Madhu.T.K
4193

No. No contribution is payable on bonus amount paid to employees. However, if it is paid monthly basis, it will be treated as part of salary for the purpose of determination of ESi contribution.
Regards,
Madhu.T.K

From India, Kannur
ramachandrak62
8

Dear Parak As advised by Mr Madhu trainees except the one taken under Apprentice Act, are eligible for PF, ESI, Bonus. Please extend the benefits to trainees. Regards K.Ramachandra Bangalore

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