trainee trainee

3 years ago

Trainee is eligible for pf esic or not

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
It all depends upon the company rules normally not entitled.

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi.
The trainees are apprentices engaged under the parliamentary law of an organization or under the Apprentices Act and cannot come within the ambit of the Employee Provident Fund and Miscellaneous Provisions Act, 1952. Section 2 (f) of the EPF Act “defines an employee to incorporate an apprentice” an apprentice is described as a learner who is paid allowance during the training period.” Therefore, employers don't seem to be obliged to contribute to the PF for them.

The trainees are generally not paid salary, in spite, they're paid stipend. Whether the person is trainee but if the trainee is satisfying S. 2(9) of the ESIC Act, the person will naturally called as ‘Employee’ under the section. Though specifically S. 2(9) has exempted and ignored the apprentices engaged under the Apprentices Act, 1961, therefore from here the conclusion is drawn is that ‘Trainee’ is also treated as ‘employee’ but apprentice engaged under the Apprentice Act won't be treated as ‘employee’ under the ESIC Act.
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Anik

Responded 3 years ago

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A.Hi.
The trainees are apprentices engaged under the parliamentary law of an organization or under the Apprentices Act and cannot come within the ambit of the Employee Provident Fund and Miscellaneous Provisions Act, 1952. Section 2 (f) of the EPF Act “defines an employee to incorporate an apprentice” an apprentice is described as a learner who is paid allowance during the training period.” Therefore, employers don't seem to be obliged to contribute to the PF for them.

The trainees are generally not paid salary, in spite, they're paid stipend. Whether the person is trainee but if the trainee is satisfying S. 2(9) of the ESIC Act, the person will naturally called as ‘Employee’ under the section. Though specifically S. 2(9) has exempted and ignored the apprentices engaged under the Apprentices Act, 1961, therefore from here the conclusion is drawn is that ‘Trainee’ is also treated as ‘employee’ but apprentice engaged under the Apprentice Act won't be treated as ‘employee’ under the ESIC Act.
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