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Rina SM   23 March 2022

Termination on probation period

I had joined a company 1 and half months ago, and I was on probation period. I'm 5 months pregnant, and the night shift affected my health severely and it also affected my performance at work. Given to pregnancy related complications, the doctor advised me to take rest for some days in order to perform a minor surgery, when I emailed HR about medical leaves, I got termination letter over the email the same day. They said, my poor performance and previous leaves are reasons for the termination. They terminated me with immediate effect on 23rd of the month. My question is, will I get the salary for those 23 days or not? And what should I reply to the termination email?


 3 Replies

G.L.N. Prasad (Retired employee.)     23 March 2022

If you have the medical reports supporting your genuine grounds, you may contact the union/Association for due guidance, as it appears that termination is not justified in view of your health grounds due to pregnancy.  If the company is not having any such union, approach the Labour Commissioner for due guidance.  If you have not received your wages for the 23days stating such loss of pay or if your leave was not declined, you are entitled to your wages for the days you have worked.  Do not hurry for 23 days' salary and focus on reinstatement. In general, if the work is not satisfactory, probation can be extended for a few more months and they can not expect 100% performance within 5 months after joining the duty.

Dr J C Vashista (Advocate)     24 March 2022

Did you demand the salary for the period you were in service i.e., before termination?

P. Venu (Advocate)     14 April 2022

The termination is not lawful. They ought to have followed the due process. So also, you cannot be denied wages for the period you have worked.

Perhaps posting the issue could elicit specifc suggestions from HR experts.

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