Hi
My company terminated me without any reason. I Was in the probation period of 4 months but after three and half month they terminated me by giving reason that you are taking lot of leaves but in actual i just took 2 leaves in the July. one day was not feeling well and another leave taken when my brother met with an accident so I took these two leaves. They put my salary on hold for 45 days. please tell what can i do in this situation.
From India, New Delhi
My company terminated me without any reason. I Was in the probation period of 4 months but after three and half month they terminated me by giving reason that you are taking lot of leaves but in actual i just took 2 leaves in the July. one day was not feeling well and another leave taken when my brother met with an accident so I took these two leaves. They put my salary on hold for 45 days. please tell what can i do in this situation.
From India, New Delhi
No employer can put the salary on hold for the days worked. Please send a letter asking the reason for the same and demand the hard earned salary.
From India, Ahmadabad
733From India, Ahmadabad
Thank You SIr you at my concern issue. The below letter they have send me on my mail
5 Aug, 2014
Subject: Relieving Letter
Mr. Ankit Garg.
We regret to inform you that we relieved your services with this Company., w.e.f. 5 Aug, 2014. Your relieving is the result of behavior issues as outlined below:
• Unprofessional behavior, plotting against company and abstinence from work which hampered company revenue.
• Repeated absenteeism form work without any prior information and resulting in termination.
We wish you all the best in your future endeavors, hope that we would be able to re-employee you if any position is available in future.
From India, New Delhi
5 Aug, 2014
Subject: Relieving Letter
Mr. Ankit Garg.
We regret to inform you that we relieved your services with this Company., w.e.f. 5 Aug, 2014. Your relieving is the result of behavior issues as outlined below:
• Unprofessional behavior, plotting against company and abstinence from work which hampered company revenue.
• Repeated absenteeism form work without any prior information and resulting in termination.
We wish you all the best in your future endeavors, hope that we would be able to re-employee you if any position is available in future.
From India, New Delhi
hi ankit,first the facts 'the company has terminated you with a reason' so remove this from your head that they terminated you without reason.
now coming to technical part of leaves the company says you did not inform.
so you need to check what proof you have.it is always advised you have a billing card to get data.but if you have a msg in your sent box that too would do.
I remember as TL my agents use to call me asking for emergency leave after granting leave they use to msg..thank u sir for understanding my situation n granting me leave...blah blah...take it as a good gesture or he is smart and keeping proof..
anyways your company says 'plotting against company' thats a serious offense which requires investigation (since with that letter you cannot show it to anyone).write to them ans sort it out.quite possible you have a rat in your group who went and spread rumours etc etc.
where job is concerned look for another one and rest assured you will get your salary they cannot hold it.
From India, Mumbai
now coming to technical part of leaves the company says you did not inform.
so you need to check what proof you have.it is always advised you have a billing card to get data.but if you have a msg in your sent box that too would do.
I remember as TL my agents use to call me asking for emergency leave after granting leave they use to msg..thank u sir for understanding my situation n granting me leave...blah blah...take it as a good gesture or he is smart and keeping proof..
anyways your company says 'plotting against company' thats a serious offense which requires investigation (since with that letter you cannot show it to anyone).write to them ans sort it out.quite possible you have a rat in your group who went and spread rumours etc etc.
where job is concerned look for another one and rest assured you will get your salary they cannot hold it.
From India, Mumbai
Hi,
As regards termination of your probation, it is not in conformity with the rules and natural justice. They have to allow you for the full term advising you from desisting from conducting against the rules and interest of the company. They also have to allow you an opportunity to explain your conduct. This has to be done on occasion, once still satisfied that you do not show any improvement, they can terminate your probation on completion of the probation period.
As regards the withheld salary, they cannot withhold or deny you the salary for the period you have actually worked with the company (which will be supported by your Time Office or any other relevant document.
You should write to the organisation per speed/ regd post for releasing the salary withheld In case they still do not heed please write another letter writing that your attendance in the organisation has been supported by the relevant document in your possession and request them to release your salary. If they still deny please consult a labour law expert who will file a case against them under the Payment of Wages Act.
S.K.Johri
From India, Delhi
As regards termination of your probation, it is not in conformity with the rules and natural justice. They have to allow you for the full term advising you from desisting from conducting against the rules and interest of the company. They also have to allow you an opportunity to explain your conduct. This has to be done on occasion, once still satisfied that you do not show any improvement, they can terminate your probation on completion of the probation period.
As regards the withheld salary, they cannot withhold or deny you the salary for the period you have actually worked with the company (which will be supported by your Time Office or any other relevant document.
You should write to the organisation per speed/ regd post for releasing the salary withheld In case they still do not heed please write another letter writing that your attendance in the organisation has been supported by the relevant document in your possession and request them to release your salary. If they still deny please consult a labour law expert who will file a case against them under the Payment of Wages Act.
S.K.Johri
From India, Delhi
Dear Mr. Ankit,
Noted the contents of your query, read with Mr. Johri's comments. He (Mr. Johri) has considered various aspects but has not ascertained the basic facts.
It is not known at what position you were employed. Secondly, during the probationary period, your behaviour and attitude towards the Company were found uncompromsing and inconsistent with the policies of the Company. While taking leave, it is imperative upon you to convey your inability to the Company. We are living in the digital world which does not allow the Management of the Company to accept your version. It is also very important that the Management, during the probationary period needs to issue a memo of shortcomings observed so as to enable you to improve upon. In the absence of this, Company may have possibly confronted with various business eventualities from time to time, which has culminated in to termination of service and also withholding of your salary till the time of realising the exact loss that may have caused to the Company. However, in terms of legal provisions of Payment of Wages Act, this kind of policy adopted by the Management is unconstitutional. It is now open for you to write to the Management of the Company for release of your salary, in the best suitable manner without antagonising them in any manner. You are always free to approach the Labour Court, but it involves financial expenditure and waiting period thereafter to seek justice, as desired.
Wish you all the best.
Thanking you, with regards,
Praful M Lale
Labour Law Consultant
(M) 9820445140
From India, Mumbai
Noted the contents of your query, read with Mr. Johri's comments. He (Mr. Johri) has considered various aspects but has not ascertained the basic facts.
It is not known at what position you were employed. Secondly, during the probationary period, your behaviour and attitude towards the Company were found uncompromsing and inconsistent with the policies of the Company. While taking leave, it is imperative upon you to convey your inability to the Company. We are living in the digital world which does not allow the Management of the Company to accept your version. It is also very important that the Management, during the probationary period needs to issue a memo of shortcomings observed so as to enable you to improve upon. In the absence of this, Company may have possibly confronted with various business eventualities from time to time, which has culminated in to termination of service and also withholding of your salary till the time of realising the exact loss that may have caused to the Company. However, in terms of legal provisions of Payment of Wages Act, this kind of policy adopted by the Management is unconstitutional. It is now open for you to write to the Management of the Company for release of your salary, in the best suitable manner without antagonising them in any manner. You are always free to approach the Labour Court, but it involves financial expenditure and waiting period thereafter to seek justice, as desired.
Wish you all the best.
Thanking you, with regards,
Praful M Lale
Labour Law Consultant
(M) 9820445140
From India, Mumbai
Thank you for your comments
I have mailed to the company that please provide me all the basic details like Exact date when I can take my salary, exact amount and working time period of mine in written on the company's letter head but they have mailed us that we have incurred loss due to you and you have to pay 20000 to the company for that loss.
From India, New Delhi
I have mailed to the company that please provide me all the basic details like Exact date when I can take my salary, exact amount and working time period of mine in written on the company's letter head but they have mailed us that we have incurred loss due to you and you have to pay 20000 to the company for that loss.
From India, New Delhi
Please let the forum know what is your stand on the termination for the below reason mentioned in your letter
• Unprofessional behavior, plotting against company and abstinence from work which hampered company revenue.
• Repeated absenteeism form work without any prior information and resulting in termination.
Finally they have also come to you stating that the company has incurred loss amounting to Rs. 20,000/- so you must be aware of the fact. If the claim by company is found to be true then you will end up paying.
So you are requested to tell the exact story or forgo the salary if it is a meager one
From India, Ahmadabad
• Unprofessional behavior, plotting against company and abstinence from work which hampered company revenue.
• Repeated absenteeism form work without any prior information and resulting in termination.
Finally they have also come to you stating that the company has incurred loss amounting to Rs. 20,000/- so you must be aware of the fact. If the claim by company is found to be true then you will end up paying.
So you are requested to tell the exact story or forgo the salary if it is a meager one
From India, Ahmadabad
Dear all,
Without issuing any charge sheet or conducting inquiry into the alleged charge or claiming compensation for the loss is illegal and unjustified.
You can right a complaint to the area Labour / Factories Inspector or Labour Officer under the provisions of the industrial disputes act.
P K Sharma
From India, Delhi
Without issuing any charge sheet or conducting inquiry into the alleged charge or claiming compensation for the loss is illegal and unjustified.
You can right a complaint to the area Labour / Factories Inspector or Labour Officer under the provisions of the industrial disputes act.
P K Sharma
From India, Delhi
Dear Sir/Madam,
I am Sneha. I live in Gujarat. I did B.COM and PGDM (HR). after education i went to a Mobile Phone Tower building firm through a Manpower Consultant and worked there as a HR/Admin executive from 2010 to 2011 for 9 months. due to some family issues i had to leave that job. 3 years later i again started looking for job and got job in private CA firm, i worked there as a Finance executive from May to July 2014. suddenly one evening my boss called me and said \" one of our client company is looking for HR candidate, they spoke to me regarding their requirement then i thought about you, you have done HR so you go there\". I went there and found that it is a on-line trading company, they were doing trading business of cloths, Sarees, Dress materials and I think they were looking for a sales candidate. I attended the interview, it didn\'t go well. With a disturbed mind i left that CA firm. Now am looking for job again but till now no luck. Wherever i go they ask for experience..... please help..... :(
attribution http://citehr.com#ixzz3AFB3tZDU
From India, Mumbai
I am Sneha. I live in Gujarat. I did B.COM and PGDM (HR). after education i went to a Mobile Phone Tower building firm through a Manpower Consultant and worked there as a HR/Admin executive from 2010 to 2011 for 9 months. due to some family issues i had to leave that job. 3 years later i again started looking for job and got job in private CA firm, i worked there as a Finance executive from May to July 2014. suddenly one evening my boss called me and said \" one of our client company is looking for HR candidate, they spoke to me regarding their requirement then i thought about you, you have done HR so you go there\". I went there and found that it is a on-line trading company, they were doing trading business of cloths, Sarees, Dress materials and I think they were looking for a sales candidate. I attended the interview, it didn\'t go well. With a disturbed mind i left that CA firm. Now am looking for job again but till now no luck. Wherever i go they ask for experience..... please help..... :(
attribution http://citehr.com#ixzz3AFB3tZDU
From India, Mumbai
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