Implementation of ESI scheme for new areas in state of Tamilnadu

Dear All,

Please find attached circular related to implementation of ESI scheme for new areas in state of Tamilnadu under Employees' State Insurance Act, 1948, the attached is one of page of said circulars, for full circular please write us on girishvivalkar979@gmail.com or juristicsolution@gmail.com

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We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

Payment of Gratuity Act – Training period of employee included or not?

This is also one of the tricky question and can be explained with help of one small case study. 

“If an employee who join in an establishment as a trainee (and not an apprentice as per Apprentices Act, 1961) and after completing of training that employee treats as probationer. Now in this case, if said employee resigned from the services and if he did not completes five years of services but if his training period is included in total year of his service, then he completes five years of service, then in that scenario what will be the status of that said employee’s gratuity payment?”

To answer this we will take reference of one of the decided case of Orissa High Court in which it has mentioned that, a trainee is different from Apprentice. According to this decision a trainee employed under contract of employment is not an apprentice under the Apprentice Act, 1961. Therefore, the exclusion is applicable only to Apprentice appointed under the Apprentice Act, 1961. In other cases the training period is to be included.

To get the supporting case law for this do write us on girishvivalkar979@gmail.com

Hope this small write up will give insight about pertained subject.

IMPORTANT:

Information in this blog is being provided as-is without any warranty/guarantee of any kind.

This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people.

We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.