Does the Training Period and Notice Period count as work experience? I had a 1.5-month training Period in the company. Now I want to leave this company but have to serve a 15-day notice period. So will that 1.5 months of Training Period & this 15-day notice period will be counted as work experience?
From India, Delhi
From India, Delhi
4260
Trainees who do not get the status of employees are those trainees or apprentices engaged following Apprentice Act. All other trainees are employees like any regular employees. They should be covered by all statutory benefits like ESI, EPF, Bonus etc and on termination their training period should be considered as service for deciding whether they should be paid gratuity or not.
Termination is different concept, and that happens as per the contract of employment. During training period both the employer and the employee may have the right to terminate the contract without notice or without assigning any reason for termination. That does not mean that trainee is not a workman. At the same time, if there is any specific clause which says that during training period, there is a notice period, then that will stand subject to provisions in the Industrial Disputes Act. If a trainee completes his notice period, he should get the relieving and service certificate for the total period, including the notice period. Notice period is not a period during which an employee is not kept working, but during notice period he is put to work, he has responsibilities as well.
In the experience certificate, the employer can show different status, like, from......till he was working as a Trainee, then he was confirmed in service with effect from.....and he was relieved from service on....following his resignation dated...... This would give a clear picture, his training period, service period and whether he served the notice period or not. At the same time, if the relieving date and the resignation date are close, then the picture employers may ask, why didn't you serve the notice period? It will give a wrong message that the candidate has not served notice period or the employer has not allowed him to service the notice period but was asked to get relieved immediately after his resignation.
From India, Kannur
Termination is different concept, and that happens as per the contract of employment. During training period both the employer and the employee may have the right to terminate the contract without notice or without assigning any reason for termination. That does not mean that trainee is not a workman. At the same time, if there is any specific clause which says that during training period, there is a notice period, then that will stand subject to provisions in the Industrial Disputes Act. If a trainee completes his notice period, he should get the relieving and service certificate for the total period, including the notice period. Notice period is not a period during which an employee is not kept working, but during notice period he is put to work, he has responsibilities as well.
In the experience certificate, the employer can show different status, like, from......till he was working as a Trainee, then he was confirmed in service with effect from.....and he was relieved from service on....following his resignation dated...... This would give a clear picture, his training period, service period and whether he served the notice period or not. At the same time, if the relieving date and the resignation date are close, then the picture employers may ask, why didn't you serve the notice period? It will give a wrong message that the candidate has not served notice period or the employer has not allowed him to service the notice period but was asked to get relieved immediately after his resignation.
From India, Kannur
Were you a trainee or were you in training?
There is a difference between the 2
Were you doing any work while learning under guidance of someone, or were you just being trained in process, software, tech, tools, etc?
From India, Mumbai
There is a difference between the 2
Were you doing any work while learning under guidance of someone, or were you just being trained in process, software, tech, tools, etc?
From India, Mumbai
Sometimes it depends on the terms & conditions of training and confirmation/regularisation thereafter. In these instances there are questions to be faced such as seniority issues with other employees directly recruited. However, it's fair enough and legal to reckon the training period also when they are regularised/confirmed in the regular cadres.
From India, Bangalore
From India, Bangalore
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Madras HC on PF on training period of junior officers.pdf
Period of training shall be counted for the calculation of gratuity-HIGH COURT JUDGMENT.doc