Was I Wrongfully Terminated During Probation for Taking Just Two Leaves? What Can I Do?

My company terminated me without any reason. I was in the probation period of 4 months, but after three and a half months, they terminated me, citing that I was taking a lot of leaves. In actuality, I only took 2 leaves in July. One day, I was not feeling well, and the other leave was taken when my brother met with an accident, so I took these two leaves. They put my salary on hold for 45 days. Please tell me what I can do in this situation.

No employer can put the salary on hold for the days worked. Please send a letter asking for the reason for the same and demand the hard-earned salary.

Thank you, Sir, for addressing my concern. Below is the letter they sent me via email on 5 Aug, 2014.

Subject: Relieving Letter

Mr. Ankit Garg,

We regret to inform you that we have relieved you from your services with this company, effective 5 Aug, 2014. Your relieving is the result of behavior issues as outlined below:

• Unprofessional behavior, plotting against the company, and abstinence from work, which hampered company revenue.
• Repeated absenteeism from work without any prior information, resulting in termination.

We wish you all the best in your future endeavors and hope that we would be able to re-employ you if any position is available in the future.

Firstly, the fact is 'the company has terminated you with a reason,' so remove from your head the idea that they terminated you without reason.

Technical Aspects of Leave Management

Now, coming to the technical part of leaves, the company says you did not inform them. You need to check what proof you have. It is always advised to have a billing card to access data. However, if you have a message in your sent box, that would also suffice.

I remember when I was a TL, my agents used to call me requesting emergency leave. After granting leave, they would message, "Thank you, sir, for understanding my situation and granting me leave," and so on. Take it as a good gesture, or consider it a smart way of keeping proof.

Addressing Accusations and Next Steps

Anyways, your company accuses you of 'plotting against the company,' which is a serious offense requiring investigation (since you cannot show that letter to anyone). Write to them, provide your explanation, and sort it out. It is quite possible that there is someone in your group who spread rumors.

Looking Forward

Regarding your job, start looking for another one, and rest assured that you will receive your salary as they cannot withhold it.

Regards.

Regarding the termination of your probation, it is not in conformity with the rules and natural justice. They have to allow you the full term, advising you to desist from conduct against the rules and interests of the company. They also have to allow you an opportunity to explain your conduct. This has to be done on occasion; once they are still satisfied that you do not show any improvement, they can terminate your probation upon completion of the probation period.

As for the withheld salary, they cannot withhold or deny you the salary for the period you have actually worked with the company (which will be supported by your Time Office or any other relevant document).

You should write to the organization via speed/registered post to request the release of the withheld salary. In case they do not heed your first letter, write another letter stating that your attendance at the organization is supported by the relevant documents in your possession and request them to release your salary. If they still deny, please consult a labor law expert who can file a case against them under the Payment of Wages Act.

Regards,
S.K. Johri

Dear Mr. Ankit, noted the contents of your query, read with Mr. Johri's comments. He (Mr. Johri) has considered various aspects but has not ascertained the basic facts.

Employment Position and Probationary Period

It is not known at what position you were employed. Secondly, during the probationary period, your behavior and attitude towards the Company were found uncompromising and inconsistent with the policies of the Company. When taking leave, it is imperative upon you to convey your inability to the Company. We are living in a digital world, which does not allow the Management of the Company to accept your version.

Importance of Management Communication

It is also very important that the Management, during the probationary period, needs to issue a memo of shortcomings observed so as to enable you to improve upon. In the absence of this, the Company may have possibly confronted various business eventualities from time to time, which has culminated in the termination of service and also withholding of your salary until the exact loss that may have caused the Company is realized. However, in terms of the legal provisions of the Payment of Wages Act, this kind of policy adopted by the Management is unconstitutional.

Next Steps and Legal Considerations

It is now open for you to write to the Management of the Company for the release of your salary in the best suitable manner without antagonizing them in any manner. You are always free to approach the Labor Court, but it involves financial expenditure and a waiting period thereafter to seek justice, as desired.

Wish you all the best.

Thanking you, with regards,

Praful M Lale

Labor Law Consultant

(M) [Phone Number Removed For Privacy Reasons]

Thank you for your comments. I have emailed the company requesting all basic details, such as the exact date when I can expect to receive my salary, the precise amount, and the duration of my working period, to be provided in writing on the company's letterhead. However, they responded by stating that the company incurred a loss due to my actions and demanded that I pay $20,000 to cover the loss.

Please let the forum know your stand on the termination for the reasons mentioned in your letter:

• Unprofessional behavior, plotting against the company, and abstinence from work, which hampered company revenue.
• Repeated absenteeism from work without any prior information, resulting in termination.

Finally, they have also informed you that the company has incurred a loss amounting to Rs. 20,000/-, so you must be aware of this fact. If the company's claim is found to be true, then you will end up paying. You are requested to tell the exact story or forgo the salary if it is a meager one.

Issuing any charge sheet, conducting an inquiry into alleged charges, or claiming compensation for the loss is illegal and unjustified. You can file a complaint with the area Labour/Factories Inspector or the Labour Officer under the provisions of the Industrial Disputes Act.

Regards,
P. K. Sharma

I understand that at this point in time you might be least concerned about your job and are primarily focused on receiving your salary. When you joined, you must have reviewed the company's policies for probationary employees. Keeping that in mind, consider seeking grievance handling for your case. Use a standard legal approach to resolve the situation. However, ensure that you have not violated any company policies.

Best Regards,
Pragya

Respected all,

I, Santosh Bhagwanani, am working with one of the retail restaurant franchise private firms as a BRANCH HEAD for Ahmedabad city. I joined on 4th March '14 with an offer of 4 lakhs per annum. I was verbally promised that there would be no deductions in my monthly salary and that I would receive 33,000 in hand via cheque on the 7th of every month. Additionally, they mentioned that they would retain 15 days' salary and return it in my full and final settlement after I leave.

In the first month, in April, on the 7th, I received my first salary with deductions from 4th March to 15th March, totaling almost 15,000. I received 12,000 as my salary. The conflict arose in the second month when they issued me a cheque of 15,000, which I did not accept. Upon inquiring about the deductions, I was informed that they were due to the non-achievement of monthly targets. When I raised this issue with my Director, he mentioned that salaries are performance-based, and there is no fixed salary for employees. Due to this setback, most of my employees left the organization.

Furthermore, I organized a recruitment drive to fill positions and partially succeeded in recruiting a sales team. However, as they were new to the system, it took them a month to adapt and begin sales operations effectively in a new sector. When they expected their full month's salary but it was delayed, conflicts arose. Some employees fought for their salaries, and although management eventually paid them, it was only half of what was owed. Consequently, the sales team resigned, and the recruitment cycle had to start again.

Disputes regarding salary payments persisted, leading me to work alone after halting further recruitment efforts. Despite my Director's attempts to reduce my salary each month by finding reasons to do so, I argued that the offer letter did not mention that salary was based on performance.

On 5th August, my Director marked me as LWP for being late to the office, despite my explanation. Following a heated exchange, he threatened to demote me immediately. This led to a termination letter citing reasons like "no reporting," "late coming," and "no time management." I requested my pending salary multiple times, especially as my wife needed medical attention due to a miscarriage caused by the stress of the situation. However, my Director refused to release my funds and continued to threaten my professional reputation.

I now seek concrete legal advice on how to proceed further.

The termination of your service during the probationary period shall be only on the grounds of your unsatisfactory performance and not on the grounds of misconduct. This has to be proved by conducting a domestic inquiry on the principles of natural justice. If they have terminated your service, they have to settle your account with pending salary, whatever it may be. However, they have issued a relieving order.

Write a letter to request payment for your pending salary. Otherwise, you have the right to approach the Labour Commissioner of the jurisdiction for necessary redressal of your grievances, where they will intervene and settle your claims through conciliation proceedings as per the Industrial Disputes Act.

Regards,
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels)
Rtd Labour Laws Consultant

I would disagree. When a person is on probation, their employment with the company is not confirmed. The company is allowed to terminate without giving any reason. That is what probation is all about. There is no requirement for the company to follow the rules of natural justice in this case. Regarding withheld salary, the company needs to pay it within 2 working days, so that part is definitely wrong. Deduction/recovery of loss of the nature stated in the post is not allowed under the Payment of Wages Act. If the salary is less than Rs. 18,000, the employee can take the matter up with the labor commissioner.

If termination of service is on charges grounds of whatsoever nature, it is always subject to either admission by the guilty party or its domestic inquiry.

Dispute Conciliation and Workman Definition

As far as referring any dispute for conciliation and the definition of a workman is concerned, only salary or designation cannot decide it. An employee, whether a manager, supervisor, or worker, is always established by virtue of their nature of duties, work, and power delegated or vested in them.

Regards,
P K Sharma

Please refer to the standing orders of your state. Domestic inquiry, etc., applies only to permanent staff and not to probationaries.