Is My Training and Notice Period Considered Part of My Work Experience?

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 and this 15-day notice period be counted as work experience?

Both the training period and notice period, if worked, shall be included in the service.

After the training period, every trainee is posted as a regular employee. Only then do employees receive responsibilities. Only a 15-day notice period will be counted towards work experience. It is possible that the company may mention your training period in the relieving letter.

Hi, In certain companies, trainees may not be considered employees, which could lead to the termination of your traineeship. This scenario suggests that your service as a trainee might be discontinued.

Trainees and Employee Status

Trainees who do not attain the status of employees are those trainees or apprentices engaged following the Apprentice Act. All other trainees are considered employees like any regular employees. They should be entitled to all statutory benefits such as ESI, EPF, Bonus, etc., and upon termination, their training period should be considered as part of their service for determining whether they are eligible for gratuity or not.

Termination and Notice Period

Termination is a different concept and occurs according to the contract of employment. During the 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. This does not imply that the trainee is not a workman. If there is a specific clause stating a notice period during the training period, it will be subject to the provisions in the Industrial Disputes Act. If a trainee completes the notice period, they should receive a relieving and service certificate for the total period, including the notice period. The notice period is not a time when an employee is not working; instead, during this period, the employee is expected to work and has responsibilities as well.

Experience Certificate and Notice Period

In the experience certificate, the employer can indicate different statuses. For example, "from... until 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 provides a clear overview of the training period, service period, and whether the notice period was served. If the relieving date and the resignation date are close, employers may question why the notice period was not served. This situation can convey a misleading message that the candidate did not fulfill the notice period or that the employer did not allow them to serve it but instead asked for immediate relief after resignation.

Difference Between Being a Trainee and Being in Training

Were you a trainee or were you in training? There is a difference between the two. Were you doing any work while learning under the guidance of someone, or were you just being trained in processes, software, technology, tools, etc.?

Sometimes it depends on the terms and conditions of training and confirmation/regularization 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 regularized/confirmed in the regular cadres.