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Dear Ekta

I am sorry to hear about your travails and the lousy way the company treats its employees.

Some of the points that clearly emerge, are :

-- The company's standard is evident from the shoddy way they have framed their appointment letter and also the termination letter.

-- The company never intended to pay any salary to Freshers; and just wanted them to generate the leads for future business.

-- From the lead generated by you; they can reduce their efforts and send their experience sales staff to close the deals started by your efforts.

-- They are aware that it always takes more than a month of sustained efforts to convert cold calls to sales closures. Thus,its irrational to expect business in the first month itself.

-- They taken your list of prospect for this very reason. Hope you have a copy, which you can put to good use later (I"ll elaborate later on the "how" of it)

What about other's (those who joined under similar situation) experiences ?

The clauses in the appointment letter are arbitrary and unjustified. These will not stand the scrutiny of Law and meant only to deny the employees of their rightful salary.

Such companies go about such business, assured by the knowledge that no employee would go about fighting a legal battle; and would be more busy with finding another job.

I hope you meet the Labour authorities of the area; put up a complaint and pursue the matter further. You have nothing to lose, and everything to gain.

Please feel free to seek further guidance/ assistance from our members for fighting this injustice.



Warm regards.

From India, Delhi
Having agreed to their 'termination clause' you may not be able to contest it; however, there is no reason why they should withhold your salary. I think employers should exhibit far higher ethics; leave alone what the law says, when the company hires a candidate, especially a fresher, the company knows it is taking a risk and there is always a cost associated with this. This cost has to be incurred by the company whether results are achieved or not.
From India, Chennai
Dear ektachakraborty,
To get your salary you have justify your attendance, Muster, Time Sheet, or any other mode of Presentism in the company that you are on Duty, and ask reply for your salary hold , As per the Labour Law, holding the salary is not a fair Practice. It is illegal in nature
Recovery from salary can only happen when it is proved that the employee has brought in any loss to the employer. I suggest you put in these points with the management and if they do not listen go for legal action for recovery of the salary from the company
make a fresh application request letter to the labour commissioner from your jurisdiction.
Thanking You
Regards
Kannan Thevar. S
(HR Administration)

From India, Mumbai
Dear Ekta,

All Seniors have rightly suggested methods to claim for your salary.

There are certain SMBs who would do this either coz they are ignorant of rules and regulations or they think employees are ignorant. I have faced similar situation and have seen few friends suffer too... Kindly ensure the following -

Kindly learn from the experience and question all such practices in the initial offering stage. Even on your joining date, it is upto you to sign the appointment letter. If the rules are not equalised and you feel it is unfair, you should talk about same to the HR and seniors and get your doubts solved then and there.

Also be thankful that you got to know the actual practices of your company as early as in 30-40 days... Weigh your pros and cons and accordingly move ahead. Please note that put a complain as suggested by seniors. This would not just help you to claim the salary against the service you rendered for the said period but also ensure that they do not repeat such thing with other employees.

Wish you luck :)

From India, Mumbai
Mail sent by my Senior today:
Dear Ekta
Please note that in the appointment order duly read and signed by you the Point No 7 it says
"Your appointment can be terminated by us at any time without any prior notice if your work is not found satisfactory, and the company reserves the right to withhold or not withhold your salary"
And we have found your work not satisfactory as you have not been able generate any revenue for the company since your appointment.
Therefore its clear that we have to withhold your salary due to your non performance and non deliverance to the company.
Please find attached a copy of the appointment order also that you have signed
This is the mail Renit Daniel sent me today. Shall I reply him something? Shall I file an FIR against him? Shall I file an RTI? or shall I go visit the labour commissioner?

From India, Delhi
Hi Ekta
Don't worry, go to labour office and meet ACL or DCL and explain the situation to them, they will ensure your salary being paid.
Rules may be framed by company like probation, confirmation, offer letter, appointment letter etc but all statutory will start from day 1 of your joining.
Don't think too much, your salary is Rs.16500/- you can approach labour office if your salary is above 30,000 then you need to procees through court of law.
Chills
Karthik

From India, Vijayawada
As I said, an agreement is valid only if both the parties would gain something. Here the clause is such that the gain is only to one party while the other suffers.

Such agreements are not enforceable in the court of law. So just chill.

Have they mentioned any probationary period?

If yes, they are to evaluate your performance at the end of probationary period.

If no, again to your advantage. Any new joinee (irrespective of fresher or experienced) is given a probationary period of 3-6 months wherein his or her work and skills are evaluated.

--------------------------------------------------------------------------------

First go to the HR and ask the following questions -

1. What was the performance expected out of you in the very first month?

2. What is your probation period?

3. Take the print out of the email conversations which mentions your termination and reason there-with.

4. Ask them to give you proper termination letter - on company's letter head and mention the reason for termination & any clause that they have to mention.

5. Compare the reasons, (possibility they may change the reason on formal termination letter)

a) If same, proceed further.

b) If different, ask for your full and final settlement i.e. salary. If that is denied, ask to give same in writing and reason for same.

6. Proceed to labor office and file a complain with a labor officer. You would need your appointment letter, your termination letter over email and termination letter on letter head. Explain the whole matter. Let him guide you further and take necessary action under his guidance. As far as my knowledge goes, once you lodge a complain with labor office, they go to the company and company is answerable to them.

Relax. as said a one-sided clause in agreement is null and void you do not have to worry much.

All the best. :)

From India, Mumbai
Dear All!
I received my salary, just with a simple text message of going to the labour commission. But they paid it in cash. as they did to all the other existing employees. And I signed a print out in which it was written that 'I have received my salary, and have no further claims'..
Thank you for your support!

From India, Delhi
Hi Ekta Thanks for the feedback and Congratulations :-) We are all happy that you fought for and got what was actually your right !! Wish you the very best in your next assignment !! Warm regards.
From India, Delhi
Hello Ekta,
Now that all's well & settled with the guidance of CiteHR members, suggest LEARN from this experience.
Like the Saying goes: A Mistake is a mistake UNTIL, you realize it, correct it & learn from it--then it's EXPERIENCE.
Guess the next step would be to look for another job ASAP.
All the Best.
Rgds,
TS

From India, Hyderabad

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