Rights for compensation when you are terminated due to Gross misconduct:
- If the employee assumes a personality or a nationality other than his own, or has submitted fake documents or certificates.
- If the employee was appointed under probation and the termination happened during that period or at its end.
- If the employee commits a mistake causing the employer a substantial financial loss, provided the employer informs the Ministry of the incident within 48 hours.
- If the employee violates instructions relating to safety in the place of work, provided those instructions were written and displayed in a permanent place, and the employee has been informed of these instructions orally if he is illiterate.
- If the employee fails to carry out his basic duties as stated in the contract and continues to do so in spite of a written interrogation and a warning that his service will be terminated if he repeats his misconduct.
- If he discloses a secret of the establishment for whom he is working.
- If he is conclusively convicted by the concerned court of a crime involving honour, honesty and public morals.
- If he is found drunk or intoxicated by drugs during working hours.
- If he commits a physical assault on the employer or manager or one of his colleagues during work.
- If he becomes absent without a legitimate reason for more than 20 intermittent days or more than seven continuous days within one year.
Where an employee is validly found to be terminated under any of the aforementioned grounds, they will forfeit their entitlement to end of service gratuity.
In case, if you are terminated due to misconduct , please check the nature of misconduct committed by you . You may ask for clarification from the company or else approach the labour department in case if you think that your termination is illegal.
In case if your termination falls under Article 120, then you are deprived not only of the compensation but also the gratuity. So all depends on whether the ground of termination is legal.
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