Payment of Gratuity Act – Training period of employee included or not?

This is also one of the tricky question and can be explained with help of one small case study. 

“If an employee who join in an establishment as a trainee (and not an apprentice as per Apprentices Act, 1961) and after completing of training that employee treats as probationer. Now in this case, if said employee resigned from the services and if he did not completes five years of services but if his training period is included in total year of his service, then he completes five years of service, then in that scenario what will be the status of that said employee’s gratuity payment?”

To answer this we will take reference of one of the decided case of Orissa High Court in which it has mentioned that, a trainee is different from Apprentice. According to this decision a trainee employed under contract of employment is not an apprentice under the Apprentice Act, 1961. Therefore, the exclusion is applicable only to Apprentice appointed under the Apprentice Act, 1961. In other cases the training period is to be included.

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Hope this small write up will give insight about pertained subject.

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