Respected Professionals,
I want to know that if employee is in probation period and he had terminated due to his mis-behaviour done with an employer. so is he eligible for experience letter and salary ? and if company does not provide the documents and salary even after the 45 days as said to the employee by an employer so can he take any legal action against the employer?
Kindly help me with statutory answer. What law says in this?

From India, Delhi
Labour Law & Hr Consultant
Management Consultancy


Dear Kritika,
You have not mentioned the cadre of the employee and whether the termination was after following a due procedure of disciplinary action.
If the probationer was simply discharged as per the appointment conditions covering the period of probation, it is called discharge simpliciter without any stigmatic impact.
In any case you cannot refuse to pay salary for the actual period the employee worked. If not, the employee can initiate legal action for recovery of the unpaid salary.
In case of discharge simpliciter, you have to issue an experience certificate.
If it is dismissal, no necessity for such separate experience certificate as the very orders of dismissal itself would be self explanatory.

From India, Salem

An experience letter in which the service is characterised as 'unsatisfactory' would hardly be of any help even if the alleged behaviour is not mentioned therein. As regards salary, you have every right to earn this. The statutory provision would depend on the coverage of your establishment under various statutes, nature of its ownership and activity, the number of employees working etc. Give these details to get a detailed answer.
From India, Mumbai

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