TRAINEE CONTRACT APPLICATION OF PF & ESI & STATUTORY OBLIGATIONS
(Querist) 31 December 2008
This query is : Resolved
WE ARE ENGAGED IN RUNNING PIZZAHUT RESTAURANTS. WE WOULD LIKE TO HIRE SIZEABLE NUMBERS OF TRAINEES. AFTER 6 MONTHS OR ONE YEAR THEY MAY BE ABSORBED AS REGULAR EMPLOYEES ON COMPANYS PAY REGISTER
COULD YOU PLEASE ADVISE 1. WHAT TYPE OF OFFER LETTER TO ISSUE THEM
2. SALARY OR STIPEND
3. WILL PF & EST & OTHER STATUTORY OBLIGATIONS UNDER LABOUR ACT WILL BE APPLICABLE
4. IS SEPARATE REGISTRATION IS REQUIRED APART FROM CATERING ACT
5. IS ANY STATUTORY ATTENDANCE & ANY RECORDS UNDER PRESCRIBED FORMATE NEED TO BE MENTIONED
H. S. Thukral
(Expert) 01 January 2009
There are two types of apprentices. One under the Apprentices Act and other taken as such directly. In case of apprentices under the apprentices act, PF is not applicable but ESI Act is applicable. There is no master and servant relation as such and their services come to an end on completion of apprenticeship. The intake is through the office of apprentices advisor and there are some records to b e mentioned. In case of apprentices/trainees, they are deemed to be your employees and you have to fulfill all requirements suchas PF, ESI etc. However if the appointment letter contains a stipulation that the it is a training for a fixed period and the employment shall come to an end after stipulated period, you can terminate the agreement without attracting provisions of Industrial Disputes Act as to retrenchment etc.
(Expert) 23 February 2009
i do agree with learned friends
(Expert) 08 April 2009
I do agree with views and/or valuable opinions of our ld. members/friends. Thanks all of you.