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Rajendra P Nandeshwar
Hi,
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Regards,
Rajendra,
9972789812

From India, Bangalore
Pragya Nautiyal
Dear Ankit
I understand that at this point of time you would be least bothered about your job and u just want your salary. While joining you must have gone through the company's policies for probationary employees, keeping that in mind ask for grievances handling for your case. Use a standard legal way to come out of the situation. But be sure that you have not done something such which is negative in terms of company's policies.
Best Regards
Pragya

From India, Delhi
sbhagwanani
Respected all,

I Santosh Bhagwanani working with one of the retail restaurant franchisee private firm company as a BRANCH HEAD for ahmedabad city, joined on 4th March'14 with an offer of 4lacs per annum and told verbally that there is no deductions in monthly salary and you will get 33000 in hand via cheque on 7th of every month and also we will keep 15 days salary with us and we will return you after you leave in you full n final settlement..

In the first month that is April on 7th I got my first salary with deductions from 4th March till 15th March that is almost 15000 and got 12000 as a salary, the conflict started in 2nd month as they gave me the cheque of 15000 which I didnt accepted and when I asked the reason for deductions they told me its due to non-achievement of monthly targets at that time I asked my Director and he told me that salary is based on performance there is no fixed salary we give to employees and due to this set back most of my employees left organization..

Secondly,I rearranged the recruitement drive to fill the positions and I had succeded partly to recruite sales team and they as being new in system it took a month to cope up and penetrate to do sales as being new sector, and again as they were expecting the salary against there work for the whole month and the salary got blocked for the whole new joinees including me..some of them have fought and taken but management have given them half salaries..and sales team resigned...again the same story of recruitement drive took place..

Disputes kept on taking place in a series for not providing salaries and than I stopped recruitement and loved to work alone and was attending for whole front end sales,but my director kept on eyeing on me to eat up my salary too on every month and finding on reasons to stop it but I kept on disputing and arguing that there is nowhere mentioned in the offer letter that salary is not based on performance and not written in the offer letter too..

Pertaining to all this on 5th of august my director was on a visit for the whole day and i reached late to office and he informed his secretary to mark my LWP for the whole day as such everyone reached by 10:30am and I discussed in an open forum in a sober and polite manner to his secretary that why am only I got marked LWP why not everyone,still I worked for the whole day and went home at 7 pm as he called me up in the evening at 7:30 and started asking me that why you given a reaction on being marked LWP to my secretary why not to me..giving him the satisfactory reply he started firing on me with different strokes like no reporting,late coming,absenteeism etc..and told me to get demoted from tomorrow itself and i repeatedly told him during our conversation that we will talk tomorrow as I am at my home and its not the time that we discuss over a phone and he kept on screaming and I disconnected my phone, again he insisted me by calling 2 time and I disconnected by doing this he dropped me a message that"CALL ME IMMEDIATELY ELSE I WILL TERMINATE YOU ON IMMEDIATE EFFECT" and I told him "go ahead you can do this only nothing more expected from you" and he sent me a termination letter on immediate effect mentioning 'NO REPORTING","LATE COMING",NO TIME MANAGEMENT" ...my only cause to stop this discussion over the phone is that my wife was pregnant and I don't want to make her listen and get disturbed..

By listening all this she had a effect on mind and got miscarriage..and got operated and hospitalized immediately and my director kept on mailing me the assets what i hold like laptop and mobile to return immediately asking about my salary he told me that we don't give salaries on termination, I requested him many of the times to release my salary as my wife got admitted due to medical emergency and I need my pending funds to help me but he didn't reverted...

And now he is keep on threatening me on mails to publicly announce my termination and assault my professional career...henceforth I need some concrete legal advice to move further

From India, Pune
Adoni Suguresh
150

Dear Mr.Ankit,
The termination of your service during the probationer period shall be only on the grounds of your Unsatisfactory performance and not on the grounds of misconduct. This has to be proved by conducting a domestic enquiry on the principle of natural justice. If they have terminated your service they have to settle your account with pending g salary whatever it may be. However, they have issued a relieving order. Write a letter to pay your pending salary otherwise you have the right to approach the Labour Commissioner of the jurisdiction for necessary redressal of your grievances, where they will enter and settle your claims through conciliation proceedings as per Industrial Disputes Act.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant

From India, Bidar
saswatabanerjee
2383

I would disagree.
When a person is on probation, his employment with the company is not confirmed.
The company is allowed to terminate without giving any reason. That is what probation is all about.
There is no requirement for the company to follow rules of natural justice in this case.
About withheld salary, the company needs to pay it within 2 working days, so that part is definitely wrong.
Deduction / recovery of loss of the nature stated in the post is not allowed under Payment of Wages Act.
If the salary is less than Rs. 18,000, the employee can take the matter up with the labour commissioner.

From India, Mumbai
Apex Management
157

Dear bannerjee,
If termination of service is on charges grounds of whatsoever nature, it always subject to either admission by the guilty or its domestic inquiry.
As far as referring any dispute for conciliation and definition of workman is concerned, only salary or designation can not decide it. A employee is a Manager or supervisor or worker is always established by virtue of his nature of duties / work and power delegated / vested with him.
P K Sharma

From India, Delhi
saswatabanerjee
2383

Please refer to standing orders of your state Domestic enquiry, etc applies only to permanent staff and not to probationaries
From India, Mumbai
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