Under the Shops & Establishment Act an employee must be paid for all days actually worked. 

If your appointment letter or Terms & conditions clearly state a probation period  during which either party may terminate with short/zero notice, then that would take precedence. File a formal reply in labour court and settle it with the employee. 

A full &final release duly signed is normally conclusive unless he can prove fraud, coercion or misrepresentation at signing.

He’d have to show he was under duress or didn’t understand the document.  Mere buyer’s remorse won’t suffice. 

1) return sum of Rs 25 k defected of employee 

2) in second case you cannot ask employee to repay salary paid to him .he has been operated upon and in said circumstances asking employee to repay his salary paid wouldnot stand legal scrutiny 

3) even if an employee is on probation you cannot reject his medical claims 

4) in first case it would depend upon terms of contract as mentioned in appointment letter .you must give notice befire terminating employee 

1. What was the condition of the employment for terminating the employment?

2. You cannot demand return of the salary paid to him for any reason and the insurance claim was paid by the insurance company as per policy condition hence you cannot stop that also. 

3. If you justify your action of deducting the said amount was as per the employment offer letter conditions then you can give a reply accordingly. 

Employer Issue – Quick Solutions:

1️⃣ 33-Day Employee:

• Reply to labour notice with proof of non-performance.

• No notice pay needed if under probation (check contract).

2️⃣ Mediclaim Employee:

• Can’t stop approved Mediclaim.

• Salary recovery not possible unless fraud proven.

• Policy tip: State Mediclaim applies only after confirmation (legal if pre-declared).

3️⃣ ₹25k Deduction Case:

• If F&F signed and paid, you're safe.

• Show signed docs if he files a complaint.

✅ Use strong offer letters, probation clauses, and written HR policies.

1. Probationary periods are often applied to new employees as a means of determining their capabilities in a new job.

- Hence, the employer can terminate during the probation, and employee can also leave the job with the terms and conditions mentioned in the appointment letter for probation. 

- Further, many company stipulates in contract, that during probation period either party can terminate the job with or without any notices.

- Since, that employee has worked only 15-20 days then he cannot claim the amount of notice period because he not worked for the same. 

2. If the said refusal by the Insurance company then he should lodge a complaint against that company and not from you. 

3. Since, that employee has already singed and availed the full and final settlement amount from your company then he cannot refuse for the same on any ground.

- You can submit your reply with the said acceptance letter before the labor Court. His case is not maintainable. 

1. you can appear before the labor court and ask time for filing yor side counter objections.

2. It depends on what has been mentioned in the employment offer letter to that particular employee.

1) you should engage a lawyer and he can appear on your behalf 

2) appointment letter should mention terms and conditions of employment 

3) you cannot refuse to reimburse medical expenses merely because employee is probationer 

4) you cannot ask employee to return salary paid 

You can apply for  certified  copy without legal heir certificate 

You can get the certified copy by filing a copy application through your advocate, if necessary by giving vakalatnama afresh from your side.

Both needs to be applied depending on what requirements you need the same 

1. You should appear before the Court personally or through a lawyer , otherwise the Court can pass ex-parte order in your absence. 

2. Yes,