This Agreement (“Agreement”) is entered into on the date _________ In the event of a breach of the conditions above in paragraph 4 of this work training contract, the employee must, upon request, immediately pay the employer the following amounts in the manner indicated below as lump sum damages: 10. Any dispute or difference arising between the parties arising out of or in connection with the design, service and operation or effect of this Agreement on the Training Agreement or its breach shall be resolved by arbitration in accordance with the Rules of the Indian Council of Arbitration, and the award rendered in accordance therewith shall be binding on the parties. Considering that, especially in the case of trainees in the limited private sector, the employer cannot even withdraw the payment of the minimum wage communicated to the trainees. because the Minimum Wage Act contains a list called a “schedule” in legal terminology. This list shows “planned jobs”. This law applies to these planned jobs. All employees, whether temporary and/or permanent and/or regardless of their status (intern or probationary period) in the context of regular employment, must receive a minimum of the legal rate. There is no law, be it labour law, EPF or ESI (Employees` State Insurance), that define the word or position “trainee”, so a typical comprehension term is used. Individuals, usually first-year students, who have little or no skills to fill the specified position are referred to as “interns.” Interns who would be eligible remain in place. The intention of the organization is to use the said person if it deems it appropriate. With this intention in mind, they are subject to legal deductions and standards, whether you, as an employee, focus on them or not. There is no specific law that defines or includes the term intern, so the law associated with interns in India is one of the most complicated issues that has ever been developed. The reason for this is that those who are apprentices are also employees.
Organizations that employ interns should have a better knowledge of all laws before adding an intern to the organization or company. An “intern who is not a student” who is not covered by the Apprenticeship Act falls under the act and may be subject to the EPF deduction if he or she attracts points 2(b) and 2(e) of the EPF. Interns usually do not receive a salary, although they do receive a scholarship. Whether or not he is a trainee but complies with Article 2(9) of the ESIC Act, the person referred to in the Article is of course referred to as an “employee”. Although subsection 2(9) expressly exempted and ignored apprentices recruited under the Apprentices Act, 1961, it is concluded that the term “trainee” is also treated as an “employee”, but apprentices hired under the Apprentice Act are not treated as “employees” under the EIS Act. Trainees are apprentices who are recruited under an organization`s parliamentary law or the Apprenticeship Act and who cannot fall within the scope of the Employees` Provident Fund Act and various provisions of 1952. Article 2(f) of the ETH Act “defines an employee to integrate an apprentice”, an apprentice is described as a learner who receives remuneration during the training period. “Therefore, employers don`t seem obligated to contribute to PF for them. CONSIDERING that the employee currently performs the duties of the employer and must undergo the necessary training in the course of his employment to effectively provide his services to the enterprise and for which he is to_____________ by the employer for a period of ____ weeks.
Over time, people have had careers repeatedly on how to comply with legal standards for apprentices and interns, but there is not much clarity on the subject. Therefore, through this blog, I will try to write down some facts and figures and try to bring a little more clarity to the subject. 7. The employee will not be dismissed until he has made such payment to the Company for breach of any of the above obligations. CONSIDERING that the company is ready to grant an internship to the trainee; From all the above information we have gathered, it is clear to my knowledge that: 1. That the employee has been selected as ________with employer. In order to effectively provide the services for which he has been appointed, the company has agreed to sponsor the employee in order to acquire the necessary training in this regard and to be sent abroad for this purpose. AND CONSIDERING that the employee is aware that the company would incur significant costs of money and time as a result of the above training, and the employee has assured the employer that he or she will behave well for the duration of his or her training abroad and that he or she will successfully complete the assigned training program. 8. That the employee undertakes to serve the company during the training period and during this period from the date of the employee`s return, for which it is the employee`s responsibility to serve the company: • The EPF law also expressly excludes trainees if these trainees are appointed in accordance with the certified internal regulations of the organisation.
• Anyone working within the organization, whether temporary, on probation or permanently, with or without a contract, is classified as an employee. • Subsection 2(9) exempted and ignored apprentices hired under the Apprentices Act of 1961, so that it is concluded that the term “trainee” is also treated as an “employee”, but that apprentices hired under the Apprentice Act are not treated as “employees” under the ESIC Act. In the event of termination, the Intern shall return all content, materials and work results of the Company to the Company as soon as possible, but in no case beyond thirty (30) days after the date of termination. The minimum rate of the grant per month shall be calculated at a percentage of the remuneration of semi-skilled workers in the State or trade union territory concerned, which may be, i.e. wages under the ESIC is defined in Article 2(22) and includes all remuneration paid to an employee or payable in cash. In the event that the minimum wage for a trade is not communicated by a state or a trade union territory, the highest minimum wages of the intended employment for semi-skilled workers will be taken into account for the payment of the scholarship. • In the absence of the foregoing, the relevance of the standard rules of procedure under Article 12-A for the exemption is exercised if these trainees are recruited in accordance with the standard rules of procedure prescribed in Rule 3(1) of the Central Rules of Economic Employment (Rules of Procedure) of 1946; in accordance with sentence (g) of Ordinance No. 2. . • Seventy percent during the first year of training. 6. The Employee and the Company agree that the amounts calculated on the basis described above constitute a real, fair and reasonable estimate of the damages or losses that the Company would suffer if the Employee ceased to serve the Company.
In the event that the employee does not make the above payment, the employer is entitled to withhold all or part of the payments payable to the employee, including all benefits, until the amount is realized by the employee. Termination. This Agreement may be terminated as follows: Intellectual Property. The Intern agrees that all content provided to the Intern by the Company for the performance of the Intern`s duties and responsibilities, including but not limited to images, videos and text, copyrights or trademarks, is and will remain the exclusive property of the Company. The Intern agrees that all content provided by the Intern to the Company in connection with the performance of the Intern`s duties and responsibilities, including, but not limited to, images, videos and text, copyrights or trademarks, is the exclusive and legal property of the Intern, but the Intern grants the Company exclusivity, transferable, sublicensable, royalty-free, worldwide license to use this content as part of the intern`s duties and responsibilities. .