The point of the capacity of employment of the hired FTC employee raised by our friend Mr.Kumar warrants active consideration in the backdrop of the recent amendment to IE(SO)Rules permitting FTC Employment. Needless to say that the IE(SO)Act,1946 applies to certain industrial establishments only with specific reference to those employees who fall within the category of " workman"as it simply adopts the definition of the term " workman" as defined u/s 2(s) of the Industrial Disputes Act,1947 by reference.
Therefore, legally, the concession granted by the amendment to employ people on FTC basis goes only to those employers who employ people in the capacity of workmen and the rights and benefits mentioned in the amendment are available only those FTC employees employed in the cadre of workmen. In respect of appointment of non-workman cadre of employees on FTC basis, the terms and conditions of employment can be strictly according to the contract of employment only subject to the provisions of the laws applicable.
Coming to the predicament faced by the poster, it is well-settled in Law that mere designation or the quantum of salary alone does not decide the status of an employee but only the predominant nature of duties usually performed by him/her is the decisive factor. In common parlance, the term "young professional" refers to a young man doing a professional work or job like a doctor, lawyer, charted accountant, architect etc. The level of professional training or academic qualification does not make one automatically a professional. Whether such people are paid employees or self employed, they would become professionals only when they are governed by the special code of conduct applicable to such profession. So, the designation used by the management is a confusing one emanating from the mind of a person who should be the most-confused or tricky.
That apart, the documents uploaded by him also do not lend any support to take a decision either way. Therefore, what I can conclude to the best of my knowledge is this:
If the so called " Young Professional" employed on FTC basis is a "workman", he is entitled to all the benefits available to the regular workmen of the establishment whether it is so mentioned in the offer/appointment order or not.
Otherwise also, he is entitled to the benefits of regular employees of non-workman cadre to the extent thus mentioned in the above documents.