Dinesh Divekar
Business Mentor, Consultant And Trainer

#Anonymous

Point wise details:

1. The terms in my employment contract are as follows:

You will be on probation for six months from the date of your joining. The period may be extended at the discretion of the management depending upon your work and conduct. You would deemed to be the confirmed employee of the organisation only when a communication in writing confirming your services is issued. During probation this employment is liable to be terminated without assigning any reason and without any notice from the either party.After confirmation in the services of the organization, this employment is liable to be terminated without assigning any reason but giving one month notice or one month salary in lieu of notice by either party.

2. I was promoted (without any raise in salary) in third month of probation.

3. Even after working for eight months, no confirmation in writing was issued.

4. I left in ninth month without giving any notice period, as i was not confirmed.

5. I was not issued PF account no. also.

6. In my full and final, company has deducted one month salary, as they are saying that promotion amounts to confirmation.

7. One month salary is quite a huge amount for me.

8. Please advise, what legal recourse is open for me.
13th February 2017 From India, Pune
Dear friend,

The cause of the entire instance is non-communication and assumption. Theory of communication teaches us never assume anything and communicate well in advance. When these principles of communication are not followed, it leads interpretations that suit to the respective party. This disagreement could balloon into the conflict too.

Your one of the terms of appointment mentioned in the appointment letter say that "You would deemed to be the confirmed employee of the organisation only when a communication in writing confirming your services is issued." It is explicitly worded. Therefore, non-communication from the HR department cannot imply as confirmation of the employment.

Partially, there is non-communication from your side also. Nothing wrong in looking for better opportunity as such. However, you could have told to your future employer that you will confirm exact date of joining after conformation from the current employer. You assumed and interpreted the situation the way you wanted. Hence this disagreement.

As a solution to your problem, you may write the application to the MD of the company and tell him that the deduction of one month salary is wrongful and against the clause mentioned in the appointment letter. If he does not respond or responds unfavourably, then you may approach the Labour Officer (LO) of your area and tell your problem. If he intervenes, the better. But if he does not then litigation is only the solution for you.

Before approaching LO, I recommend you obtaining your experience-cum-employment letter. Ensure that there are no outstanding dues against you. You may keep HR Department of the current employer posted, if you approach LO.

Final comments: - Going contrary to the terms of appointment, speaks poorly of HR department. It is the duty of HR department to bring clarity through proper communication on the status of the employee whether he is confirmed on still on probation. On the contrary, interpreting non-communication that suits to their advantage is unprofessional. This is the classic case of the importance of the organisational communication. When organisational communication fails, it erodes the credibility of the organisation in general and of the HR department in particular. In almost in his entire career, the originator of this post could look at HR suspiciously.

Thanks,

Dinesh Divekar
13th February 2017 From India, Bangalore
Any kind of promotions, salary increments requires an official e-mail and document. This only can help you in your future. Make sure you receive that.
13th February 2017 From India, Bengaluru
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