Umakanthan53
Labour Law & Hr Consultant

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I am working in a PSU, we have to serve one year of the training period and six months of probation period before finalizing. As our training did not complete on time, I was on training for one year and 4 months. But the letter issued to me from the back date and it confirms that I did my training in exactly one year. But now the problem arises as my probation started after one year and 4 months. So in actual, I was on training + probation period for 1 year and 10 months which seems wrong to me as I should have completed in 1 year and 6 months. In between, I did not receive any letter confirming my training extension. Now, I wanted to apply for a company after 1 year and 8 months but I am not allowed to do so as I am on probation as per order. Please resolve the problem
From India, New Delhi
If there is such a clause in the appointment orders that relinquishment/resignation of the job would be permitted only after successful completion of the training and probation period, nothing illegal in it. But forbidding application for any job outside the company through proper channel while undergoing probation may not be correct when there is unofficial extension of the training period. Though such a long duration of training the prospective employee involves the investment of money and time of the employer, there would be no justification for forbidding the employee from applying for a better job. If the employee has to leave before completion of his probation period, the employer can demand refund of the entire training cost as liquidated damages.
Therefore, it is better that the poster discloses the relevant clause relating to training and period of probation as exactly mentioned in the appointment orders and the fact whether he executed any employment/service bond before joining the training.

From India, Salem
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