Removed from private job

Querist : Anonymous (Querist) 28 May 2020 This query is : Resolved
If someone removed from private job in software company in 5 months how much should company pay

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Rajendra K Goyal (Expert) 28 May 2020
Clear material facts have not been stated.

What were terms of appointment?

What were the terms in appointment letter for removal / suspension / termination / notice period?

Why the employee / official was removed?

Whether any term and condition of appointment was violated by the employee?

Whether the employee was on probation?

Rajendra K Goyal (Expert) 28 May 2020
The payment has to be affected in accordance of the appointment terms and conditions.

If there is any arrear of salary, that should also be paid.

Raj Kumar Makkad (Expert) 28 May 2020
Company should strictly comply with the service agreement executed with the said employee and should pay accordingly.

You have not mentioned on what grounds the said employee was relieved from tjom his job so I have no option but to expend my advice except on the basis of your facts.

Rajendra K Goyal (Expert) 29 May 2020
Even if the employee was on probation, his removal needs to be in accordance with his appointment terms applicable during probation and removal requirements during probation.

If notice period rules are part of appointment terms, the payment has to be paid accordingly.

If falls under eligible category, employee would also be entitled pro rata bonus.

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