Umakanthan53
Labour Law & Hr Consultant
Loginmiraclelogistics
Asso.prof.(commerce & Management)
Sumitk.saxena
Service/manager-hr
Shikha :-)
Hr Manager

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Please if someone can enlighten me on Probation ethics:
1. if an employee is fired because of misconduct, can he/she be still entitled to get the money for the no. of days he/she has worked??
2. Please if someone can share their detailed appointment letter.

Dear Shika,
Whatever the type of termination of employment at the instance of the employer like discharge, dismissal or retrenchment and whether the concerned employee happens to be a probationer,Fixed Term Contract employee or a confirmed one on the date of such an act, the employee's entitlement to the wages/salary for the days he/she worked prior to such termination can not be taken away.

Thank You so so much umakanthan53 for your help :)
Hi Shika,
I may add to what has been posted by learned member. This issue should also be studied with 'what is this 'misconduct' and whether this employee is a 'workman' or 'managerial/ supervisory' category. Subject to certain legal issues, the due salary may be forfeited if the 'misconduct' on the part of dismissed caused great loss to the Co. There are certain legal issues to be addressed, if an employee is 'dismissed' on 'misconduct'. I presume that 'underperformance/not satisfactory performance during probation' need not be charged with 'misconduct' if that was the case. Also pl.see the attached article on this.
In the absence of more details general appointment letter format only is attached which has to be modified to suit your requirement.


Attached Files
File Type: docx Whether Employees Terminated For Misconduct Entitled To Payment Of Statutory Dues.docx (14.7 KB, 90 views)
File Type: docx Appointment Letter Draft.docx (14.8 KB, 87 views)

Thank you Loginmiraclelogistics, great insight :-)
Probation Period,
1.An employee on probation can be terminated during the probation period due to unsatisfactory performance of the employee and the employer would be justified in the termination.
2.Probationers are also entitled to the national minimum wage, statutory sick pay, rights under the working time rules and time off work in certain circumstances.
3. Probationers were entitled to get the money for the no. of days he/she has worked.
Thanks & Regards,
From,
Sumit Kumar Saxena

Thank so so much Sumit..Great Help :-)
Dear sir, I was worked past 7years hospital industry. Some intergrity issue they terminated me. Shall I get graduvity and PF. F &F Guide me
Dear sir,
I was worked past 7years same hospital organisation
They found some intergrity issue from me.
My reporting manager created those issues.
So they asked me to got signature from me.hold for graduvity on April 25th.
After that they realised termination letter on 16th May.
I dropped mail
Regarding my F&F.
They replied will do due process they reply me.
Guide my when I'll expert my final settlement
Thanks
Srinivasan

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