Hello everyone,
I am a software engineer. I am just starting a company with 40 people.
I am recruiting people as trainees without paying salary for the first month.
The second month onwards,their salary is Rs.6,500.
After 5 months,their salary will be Rs.10,000+.
Can I give them training without paying salary? Is there any law that forbids that?
Should I pay P.F for them? Is it mandatory?
Once I start paying E.S.I,Can I stop paying ESI after their salary goes beyond 10k since its not compulsary?
If someone can advice me on this,I would be grateful.
Thanks,
From India, Madras
I am a software engineer. I am just starting a company with 40 people.
I am recruiting people as trainees without paying salary for the first month.
The second month onwards,their salary is Rs.6,500.
After 5 months,their salary will be Rs.10,000+.
Can I give them training without paying salary? Is there any law that forbids that?
Should I pay P.F for them? Is it mandatory?
Once I start paying E.S.I,Can I stop paying ESI after their salary goes beyond 10k since its not compulsary?
If someone can advice me on this,I would be grateful.
Thanks,
From India, Madras
Uniquegodwin,
Congratulations on starting a start up! Our best wishes are with you…
Your model for the organization structure is not clear to us as whether all will be taken as trainees out of 40 people..
In today’s scenario, especially in the IT industry where Talent is a rare commodity, it’s a moot point whether they would accept no compensation in the first salary. This may work with freshers from the colleges who don’t have options or don’t have relevant skills or aptitude.
What can be done in this case is that you give appointment letter for 5 months stating that you would give them “stipend” of Rs 6,500/-. If they are found suitable then they would be absorbed as an employee as the salary of Rs. 10,000/- +.
Howver we would suggest that they be taken in the employment grade with all statutory dues.
Training without salary – would be certainly a grey area, you have to check under relevant Shop & Establishment Act applicable to your state & city. Also, how many would be ready to come with this condition.
ESI is not applicable after their monthly payroll gross salary exceeds Rs 10,000/- .
Coming to your point of PF & its applicability – please refer to the link as herein;
[COLOR=#527dd6][B][FONT=Arial]http://epfindia.com]
APPLICABILITY OF EMPLOYEES' PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT '1952
The Employees' Provident Fund and Miscellaneous Provisions Act 1952 applies to the whole India except Jammu & Kashmir.
Employees' Provident Fund and Miscellaneous Provisions Act 1952 is applicable to:
· Every establishment which is engaged in any one or more of the industries specified in Schedule I of the Act or any activity notified by Central Government in the Official Gazette. (List of Industries/Establishments) <link updated to site home> ( Search On Cite | Search On Google )
· Employing 20 or more persons . ( latest amendment has reduced this to 10)
· Cinema Theatres employing 5 or more persons.
The Act does not apply to:
16(1)(b) Establishments under the control of state/central Govt.& employees who are getting benefits in the nature of 16(1) (b) contributory P.F. or old age pension as per rules framed by the Govt.
16(1)(c) Establishment set up under any central, provincial or state act and the employees who are getting benefits in the nature of contributory P.F. or old age pension as per rules.
If any of the establishment is not satisfying the above two conditions for coverage and if the employer and majority of the employees are willing , the Act may be applicable to such establishment ( voluntary coverage under section 1(4) )
Best wishes,
Rajat Joshi
From India, Pune
100Congratulations on starting a start up! Our best wishes are with you…
Your model for the organization structure is not clear to us as whether all will be taken as trainees out of 40 people..
In today’s scenario, especially in the IT industry where Talent is a rare commodity, it’s a moot point whether they would accept no compensation in the first salary. This may work with freshers from the colleges who don’t have options or don’t have relevant skills or aptitude.
What can be done in this case is that you give appointment letter for 5 months stating that you would give them “stipend” of Rs 6,500/-. If they are found suitable then they would be absorbed as an employee as the salary of Rs. 10,000/- +.
Howver we would suggest that they be taken in the employment grade with all statutory dues.
Training without salary – would be certainly a grey area, you have to check under relevant Shop & Establishment Act applicable to your state & city. Also, how many would be ready to come with this condition.
ESI is not applicable after their monthly payroll gross salary exceeds Rs 10,000/- .
Coming to your point of PF & its applicability – please refer to the link as herein;
[COLOR=#527dd6][B][FONT=Arial]http://epfindia.com]
APPLICABILITY OF EMPLOYEES' PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT '1952
The Employees' Provident Fund and Miscellaneous Provisions Act 1952 applies to the whole India except Jammu & Kashmir.
Employees' Provident Fund and Miscellaneous Provisions Act 1952 is applicable to:
· Every establishment which is engaged in any one or more of the industries specified in Schedule I of the Act or any activity notified by Central Government in the Official Gazette. (List of Industries/Establishments) <link updated to site home> ( Search On Cite | Search On Google )
· Employing 20 or more persons . ( latest amendment has reduced this to 10)
· Cinema Theatres employing 5 or more persons.
The Act does not apply to:
- The co-operative societies employing less than 50 persons and working without the aid of power. 16(1)(a)
16(1)(b) Establishments under the control of state/central Govt.& employees who are getting benefits in the nature of 16(1) (b) contributory P.F. or old age pension as per rules framed by the Govt.
16(1)(c) Establishment set up under any central, provincial or state act and the employees who are getting benefits in the nature of contributory P.F. or old age pension as per rules.
Voluntary Coverage
Best wishes,
Rajat Joshi
From India, Pune
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