Q:I am 31 years old and have a diploma in electrical engineering. I have been working as a work supervisor (electrical) in the WBSEB since February 1999. I completed my AMIE in the electrical branch in 2002 and submitted my documents to the board, requesting for a suitable post. But I have not received any response from the board yet. Can I take any legal action against my employer' Please advise.
A:Generally speaking, an employee does not have a right to hold any particular post. It is the discretion of the employer, which has to be exercised reasonably. Your employer should have taken into consideration your qualification and experience. If the terms of your employment contract entitle you to hold a particular post on completion of AMIE, then you should make a written representation to that effect to the WBSEB. If the WBSEB rejects your representation unjustly or unreasonably or does not respond to it at all, you may then consider filing a writ petition in the Calcutta High Court challenging the unfair act/omission by the WBSEB.
Q:I passed the certificate examination in welder's trade from the Industrial Training Institute in 2003. Starting from January 2004, I did a one-year apprenticeship training with a government company. When I joined as an apprentice, I was given the impression that after the apprenticeship, I would be absorbed by the company as a regular employee. But the company has not offered any employment to me despite my repeated requests. I know that there are vacant welders' posts in the company. Am I not entitled to employment with the company'
Bikash Jana, Howrah
A:When you joined as an apprentice, you must have signed an apprenticeship contract with the company as required by Section 4 of the Apprentices Act, 1961. Whether or not you have the right to be employed by the company after completion of your apprenticeship will depend on this contract. Generally speaking, it is not obligatory on the part of the employer to offer employment to an apprentice who has completed apprenticeship nor is it obligatory for the apprentice to accept a job offer. But if there is a condition in the apprenticeship contract that the apprentice shall, after the successful completion of the apprenticeship, serve the employer, then the employer shall be bound to offer suitable employment to the apprentice. The latter shall also be bound to accept the offer for a period and remuneration specified in the contract (Section 22 of the Act).
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