If an engineering graduate is working on a central government project with the designation "Project Trainee" and getting consolidated remuneration of Rs. 20,000 per month and getting no other benefit like ESI, PF, etc. and his/her appointment clause says "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 he/she will be considered as a student/ learner and not an employee?
From India, Kolkata
or he/she will be considered as a student/ learner and not an employee?
From India, Kolkata
It is not possible to give an answer without details.
Please do not be vague and make it look like you are asking someone to solve a case study
Give the full details, circumstances, what is your role in it and then someone will be able to give the proper answer
From India, Mumbai
2395Please do not be vague and make it look like you are asking someone to solve a case study
Give the full details, circumstances, what is your role in it and then someone will be able to give the proper answer
From India, Mumbai
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 20000 Rs per month only and no other benefit 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"?
From India, Kolkata
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 20000 Rs per month only and no other benefit 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"?
From India, Kolkata
Further it was mentioned in my appointment letter that the position is initially for one year and coterminous with the project complition.
From India, Kolkata
From India, Kolkata
You didn't get my point.
The details you have given are vague. We know nothing about the place, the state, the type of organisation, what other things are in your appointment letter, whether you are a contract employee, or an employee employed through a contractor or a FTE. If you were a trainee under the standing orders or under 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.
From India, Mumbai
The details you have given are vague. We know nothing about the place, the state, the type of organisation, what other things are in your appointment letter, whether you are a contract employee, or an employee employed through a contractor or a FTE. If you were a trainee under the standing orders or under 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.
From India, Mumbai
Okay my bad, I understand.
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 an FTE. I was not engaged through the apprentice act as well.
Now, since I did not receive any benefit like PF, ESI etc. and my designation was "Project Trainee" that's why I think I was a trainee under standing order of the organization and not a contractual "employee". Am I correct ? Please help.
From India, Kolkata
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 an FTE. I was not engaged through the apprentice act as well.
Now, since I did not receive any benefit like PF, ESI etc. and my designation was "Project Trainee" that's why I think I was a trainee under standing order of the organization and not a contractual "employee". Am I correct ? Please help.
From India, Kolkata
Dear ANNONYMOUS,
Please check the Standing Orders of the company to see whether they have a provision of 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 entailed to benefits of a permanent employee. However, even if you are a trainee under the standing orders, you are eligible to have been 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 perview 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 suggestion.
From India, Mumbai
Please check the Standing Orders of the company to see whether they have a provision of 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 entailed to benefits of a permanent employee. However, even if you are a trainee under the standing orders, you are eligible to have been 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 perview 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 suggestion.
From India, Mumbai
Dear Friend,
Except for Apprenticeship Act, the employment laws do not acknowledge trainee as a category. The employment laws recognise as Casual worker, temporary worker, probationer, permanent worker & contract worker. It is the contract of employment which decides the status. Hence the trainee is an employee entitled to all the benefits.
Warm Regards
Bharat Gera
AV Consultants
9322404765
From India, Thane
Except for Apprenticeship Act, the employment laws do not acknowledge trainee as a category. The employment laws recognise as Casual worker, temporary worker, probationer, permanent worker & contract worker. It is the contract of employment which decides the status. Hence the trainee is an employee entitled to all the benefits.
Warm Regards
Bharat Gera
AV Consultants
9322404765
From India, Thane
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PF Judgement - SC - Trainee - 2006.doc
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