Labour Law & Hr Consultant
Vice President (hr&ir)
Consultant-labour Laws

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I have worked with a FMCG company for 3 months as sales executive. During last month my superior asked me to complete the target as given or else resign the job. (This conversation was done through phone call) I accepted the commitment, unfortunately i was not attained the target.
So i resigned the job by the first of the following month by send a email to my superior. At the payday the salary was not credited. when i asked the superior about that, he replied me that
"due to non-performance you're been terminated by last month. that's why your salary was not credited?" and he told that "i cannot help with this mater any more."
So i asked HR, he told "your salary was processed, at the time of crediting AGM orderd me to hold your's. So i did it"
I also mailed the AGM with above conversations and explained my situation. but he didn't replied me. They also not replied to my resignation mail.
Is there a any possible way to get my dues. Thanks with anticipation and Best regards

Did the FMCG Company give you any written appointment orders or not? If yes, anything about probation, termination of employment, notice period etc., were mentioned in the appointment orders? All correspondence between your Company and yourself seems to be oral by phone or through e-mail only. Therefore, did you receive your termination order in writing or through mail? Whatever it be, in case of termination during probation with or without notice, no employer can with hold the salary for the duty period whether the employee's performance was satisfactory or not. Therefore, send a written representation to the Management to pay your salary forth with, wait for 15 days and if the salary is not paid or no response, make a complaint to the local Labour Officer.
Hi, I strongly agree with Mr Umakanthan. M. He has clearly explained the course of action.
Thanks for your concern
In my appointment letter got follows
During probation or extended periods thereof, your service are liable to terminated without assigning any reason or payment in lieu thereof.

No employer can give an appointment order mentioning a clause "your service are liable to be terminated without payment in lieu thereof". This clause is null & void. You can approach the labour officer.
You are entitled and right to get salary of work done in probation period also. Notice period and deduction in lieu of notice period not applicable as per your clause of appointment letter.
Convey your concern to higher authority of organisation otherwise go for legal action.

You can just show your appointment letter to the LO and pin point that clause "without pay". You will and have to get paid by your company.
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