Please, if someone can enlighten me on Probation ethics:

1. If an employee is fired because of misconduct, can he/she still be entitled to get the money for the number of days he/she has worked?

2. Please, if someone can share their detailed appointment letter.

From India, Manikonda
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Dear Shika,

Regardless of the type of termination of employment instigated by the employer, such as discharge, dismissal, or retrenchment, and whether the employee in question is a probationer, fixed-term contract employee, or a confirmed employee at the time of termination, the employee's entitlement to wages/salary for the days worked prior to termination cannot be denied.

From India, Salem
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Thank You so so much umakanthan53 for your help :)
From India, Manikonda
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Hi Shika,

I may add to what has been posted by a 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 the dismissed caused great loss to the company. 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, please see the attached article on this.

In the absence of more details, a general appointment letter format only is attached, which has to be modified to suit your requirements.

From India, Bangalore
Attached Files (Download Requires Membership)
File Type: docx Whether Employees Terminated For Misconduct Entitled To Payment Of Statutory Dues.docx (14.7 KB, 337 views)
File Type: docx Appointment Letter Draft.docx (14.8 KB, 1379 views)

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Thank you Loginmiraclelogistics, great insight :-)
From India, Manikonda
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Probation Period,

1. An employee on probation can be terminated during the probation period due to unsatisfactory performance, 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 are entitled to receive payment for the number of days he/she has worked.

Thanks & Regards,

From,

Sumit Kumar Saxena

From India, Ghaziabad
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Thank so so much Sumit..Great Help :-)
From India, Manikonda
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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
From India, Chennai
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Dear sir,

I have been working at the same hospital organization for the past 7 years. Recently, they discovered some integrity issues involving me. These issues were created by my reporting manager. As a result, they asked me to provide a signature for my hold for gratuity on April 25th. Subsequently, they issued a termination letter on May 16th. I sent an email regarding my Full and Final settlement (F&F), to which they responded that they will follow the due process.

Could you please guide me on when I can expect my final settlement?

Thank you,
Srinivasan

From India, Chennai
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When We are Provide the Appointment letter its joining time or after the probations period.
From India, New Delhi
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