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ashish-goyal4406118
Employee who are under probation period and leaving the organization within 10 to 20 days asking for salary? What action should we taken against them?
From India, Indore
vmlakshminarayanan
929

Hi If the employee served the proper notice period and if there is no breach of contract then eligible salary should be paid.
From India, Madras
raghunath_bv
156

Hi Ashish,

In the professional world, it is not uncommon for employees to leave an organization during their probation period. However, when an employee who is under probation and is leaving the organization within 10 to 20 days asks for their salary, it can create a challenging situation for the employer. In such cases, it is important for the organization to handle the matter with professionalism and in accordance with the relevant labour laws and company policies.

First and foremost, it is essential to review the terms of the employment contract that was agreed upon at the time of hiring. The probation period and the terms related to salary during this period should be clearly outlined in the contract. If the contract stipulates that the employee is entitled to receive a prorated salary for the time worked, then the organization should honour this agreement and ensure that the employee is compensated accordingly.

However, if the contract specifies that the employee is not entitled to receive any salary during the probation period or that there are specific conditions under which the salary will be paid, then the organization is within its rights to withhold the salary in accordance with the terms of the contract.

In addition to the contractual obligations, it is important to consider the reasons for the employee's departure. If the employee is leaving due to valid reasons such as health issues, family emergencies, or any other extenuating circumstances, then it may be appropriate to provide some form of compensation as a gesture of goodwill. However, if the employee is leaving without a valid reason or is in breach of the terms of the employment contract, then the organization may choose to withhold the salary as per the contractual agreement.

It is also important to handle the situation with sensitivity and professionalism. Communication with the departing employee should be conducted in a respectful and professional manner, clearly outlining the reasons for the decision regarding the salary and providing an opportunity for the employee to discuss the matter if they so choose.

Ultimately, the action to be taken against an employee who is leaving the organization within 10 to 20 days and asking for their salary should be determined based on the terms of the employment contract, the reasons for the employee's departure, and in accordance with the relevant labour laws and company policies. It is important to approach the situation with fairness, transparency, and professionalism to ensure a positive and respectful resolution for all parties involved.

Thanks,

From India, Bangalore
saswatabanerjee
2385

If a person worked for your organisation, completed his notice period, then why do you think you should not pay him the wages for the period he worked?
From India, Mumbai
Madhu.T.K
4207

If the employee concerned is an employee coming under the scope of workman under the Industrial Disputes Act, there is no relevance to notice period but the employer is liable to pay the salary for the days he had worked in your organisation. Probation is not an excuse not to pay his salary nor will it protect the employer from non payment of salary. In the case of a manager, certainly, you can ask for notice or hold salary to be adjusted against notice. But normally an employee under probation will not be having any notice during probation period as it would be "terminable without notice and without assigning any reason thereof".
From India, Kannur
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