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Abhay Kumar (Central Government Officer)     17 October 2011

Definition of an employee

I have the following queries.

1.Is there any universal definition of an employee? or it is based on the service rules of a particular company (and is different for each company)?

2.Can Trainees registered under the Apprenticeship Act 1961 be said to be employees if it is included in service rules of a company?

3.A PSU initially appoints freshers as Trainee Registered under apprenticeship act 1961 for one year. During this 1 year he is paid only Basic+DA and no allowances admissible to regular employees is paid to him. No epf account for that one year.No performace related pay. Medical rules different from regular employees. In this scenario whether the trainee is bound by any DPE guideline which is applicable to 'employees' of PSU?



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 5 Replies

Vakud Vakud (SocialComplainces)     18 October 2011

I believe the 'Employee' is 'SUB' defined differently  by respective main statutory body that comes into play from its own context:

PSU will have its defination but when ESIC or EPFO or Factory act, etc is involved, it 'matches' and supecedes that defination with its own defination.

Apprentice are  paid only STIPEND - I beleive they cannot be paid B + DA! Only occupational safety/workmen compensation applies to them in case of acident / harm, till they remain Apprentice while no regualr medical benefits or other benefits is accordable.

Expert in the forum may shed accuarate light on this.

neel (Employee HR)     19 October 2011

Dear Ramesh singh,

Employee/ workmen comes under the provision of Industrial Disputes Act, 1947.

 

[(s) “Workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-

(iii) Who is employed mainly in a managerial or administrative capacity; or (iv) Who, being employed in a supervisory capacity, draws wages exceeding 55[ten thousand rupees] per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.].

2. Apprentices would get stipend not basic +DA and the stipend is pre decided for each year.

3. Apprentices would get benefit of Workmen's Compensation policy benefit

 

Sudhir Kumar, Advocate (Advocate)     18 November 2011

Please note that each labour legislation has a different definition for the term "emoloyee" nad "employer".

Abhay Kumar (Central Government Officer)     18 November 2011

Thanks a lot for the reply sir....

Can I claim that a particular DPE(Department of Public Enterprises) guideline which is applicable to the 'employees' of PSUs is not applicable to me since i am a 'trainee'(registered under the apprenticeship act) and not hence an 'employee'


(Guest)

Definition of a particular term normally differs for different purposes.


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