Labour Law & Hr Consultant
Sunpower Metalics Pvt Ltd

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Would like to ask if anyone leaves the organisation during probation period in one month are they liable to get full salary or basic salary. The clause mentioned in our appointment letter that if anyone who wish to leave during probabtion will have to give one week notice or with mutual understanding. our situation is that we want that candidates to wait one month so that we find other candidates. And we informed verbally if anyone leaves so they are liable to get only basic salary. Advice me.
Dear friend,
Salary is the monetary consideration due to an employee at the end of the wage period for the services or work rendered by him during the period. This is one of the covenants of mutual considerations in the contract of employment be it explicit or implied.
Therefore -
In the first place, no differentiation in the disbursement of salary already fixed in the contract of employment with reference to the employee's status of employment as probationer or confirmed.
Second, even among the probationers, the employer can not have any discrimination in regard to salary with reference to service rendered during notice period.
Third, if an employee fails to fulfill the notice condition, you can adjust the notice period salary proportionately against his salary payable. You cannot reduce it to his basic salary.
Fourth, when there is a provision for mutual discussion regarding notice condition, you can persuade the employee to serve the entire notice period. Finding a suitable substitute within the full notice period is the botheration of the employer. When it is not possible, such a situation cannot be a proper reason for compelling the outgoing employee to serve more than the notice period or for that reason paying the salary at a reduced rate. Certainly, it is an illegal deduction.

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