Partner - Risk Management
Karthik Nayudu
Regional Manager - Hr
Hr & Administrtion
Asst Manager-hr
Recruitment/talent Acquisition, Career Counselling
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Sr. Hr Executive @ Polymerupdate
Office Administratiion
Project Executive

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Dear Sir/ Madam,
I joined in an events company as a project executive on 28th jan 2013. The appointment letter shows 01st Feb though. After working for the complete month of february I was terminated yesterday 04th march 2013 for not being able to business to the company within this month. ( we had a monthly target of 5,00,000).The termination mail also said that they will withhold my salary which is payable on 7th of every month. My question to you is, are they liable to do such a thing after making me work for the entire month without providing me a prior notice? And I must mention here that my prospect list was been taken away on the pretext of helping me out with it and given to someone more experienced

From India, Delhi
Hi Ekta,

It completely depends on your appointment letter. Have they mentioned termination clause for a probationer?

Usually when a person has a probationary period, employment can be ended from either side on immediate grounds.

However most companies do give a week's notice so that the person is prepared for it.

However in your case -

1. Your joining date was 28th Jan so it should be mentioned in your appointment letter as same and not 1st feb.

2. No matter about the targets, there should always be a basic fixed component paid to an employee.

3. monthly targets of 5 lacs even for a new joinee? Are you a fresher or experienced? If you're experience they might have given you a target based on your experience. For a fresher such target is not justifiable. However in either case, it is not right to expect the employee to perform from day 1 even if the person has experience in selling or getting business for same product elsewhere because - work environment is different, s/he has changed the workplace which brings changes in peers, team and other things.

4. It is to be understood that a probationary period of 3 months is to be evaluated together and not month on month base because not all can perform from day1

Clarify your doubts first with the HR as to how do they expect you to perform. What was your performance? And have they given you any training on developing business or they just expect you to get business of worth 5lacs per month on your own?

From India, Mumbai
Dear Ankita Mam,
Thank you for your quick reply. I am an MBA fresher. This was my first job. My fixed salary was 16,500 + incentive. They justified on giving the joining date on 1st Feb by saying that in the previous dates they were providing us training so we should pay them instead. And my appointment letter says:
A) your appointment with us can be terminated by you after confirmation on giving two months notice or by forfeiting your two month salary.
B) 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 either withhold or not withhold your salary.
What is bothering me the most is that they took away my prospect list on the pretext of helping me out with it. Can I atleast ask them to pay me my salary?

From India, Delhi
Ok chill,
How many days have you worked? practically a month right?
Honestly this is not the kind of clause a company should be framing because they are expecting you to abide by the rules but they can simply break it all.
No company can terminate any employee any time they wish.... except as I said such clause can be validated for probationary period.
No company can with-held salary for the duration you worked... The fixed part is to be paid.
What is the reason that they gave to terminate you?
Have they issue a termination letter?
What did they say about not doing your F&F?
Sorry for delayed response, net issues...

From India, Mumbai
Dear Ankita Mam,
They terminated me over a mail.. let me copy paste the literature for you. The reason was for not being able to bring business for the company. And I don't know what is an F&F honestly. and yes mam, I have worked here from 28th feb - 04th march 2013.
Dear Ekta
This is to inform you that you have been terminated from your job as
your work was not found satisfactory and you have not brought results.
The company holds the right to withhold your salary as you have not
even been able to get a single business to the company
Please handover all the data and documents and visiting cards
entrusted to you to Mr Hemant.
Renit Daniel
+91 98400 93858

From India, Delhi
Dear ektachakraborty,
As per the Labour Law Employer cannot Hold any ones salary, You need to approach the Conciling Officers, Labour Commissioner of your jurisdiction for your salary issue , it is your Rights. nobody can hold your salary, Just ask for clarifying why your salary is holded by the company ask for the show cause notice and make a fresh grievance Letter to the Labour Commissioner attach the reply of the show cause notice of your company for the reason for holding salary, You are entitled for your salary not for the Incentives...........
Thanking you
Kannan Thevar. S

From India, Mumbai
F&F = Full And Final Settlement... The company has no right to withhold your salary and you have every right to have it even if you are terminated on your on mistake or misconduct unless you have not caused any damage or loss to the company...
From India, Bangalore
Thank you Kannan Sir, " Jibinkpious " and Ankita mam..for your time and such information which no google could have given me.
please provide me with any other relevant information which you think might help me.

From India, Delhi
Out of curiosity,
- was this prospect list that was given to someone else, generated by you or,given by the company ?
- did you keep the company informed of what you were doing each day and what was the status of each contact or prospect you processed ? Or was the company complete in dark till the last day
- were you the only person recruited or were there others ? What has been the success or otherwise of the others ? Were you the only one terminated ?

From India, Mumbai
Our company is new in Delhi.. we were not given any database. I started making database of my own and kept a follow up.
we also had to mail a DSR (Daily Sales Report) to our senior everyday evening before leaving.
We called them the prospect list who had a chance of becoming our clients or with whom we were keeping a constant follow up and the response seemed positive.
And well there are 5 of us who joined. One among us has also been able to bring some business. the rest is in a similar condition like me.. though it is only me to receive the termination letter first.

From India, Delhi

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