Facing Salary Withholding and Contract Issues After Sudden Termination – What Can I Do?

Employment Termination and Contractual Obligations

I am working with Champ Info Software in Noida, Sector 63, as a medical coder. I joined this organization on 1st September 2015. This is a startup company. In the month of November, they terminated me because I took one day off without informing anyone. They did not provide me with my relieving letter and salary for that month. I contacted the company's HR department and requested my salary, but she informed me that I am bound by a 2-year contract, and if I wish to resign with only a 5-month notice, they will deduct my salary due to being under probation. However, I am unable to give a 5-month notice as I am planning to join another organization.

Please assist me.
Regards

Dear Medha,

Did the company terminate you, or did you leave on your own because of a disagreement with the manager? You have received two different statements from the company's end. Please provide a clear picture.

The company cannot ask for a notice period if they have terminated you. So, what is the reality? Have you left because of a fight with the manager, or have they removed you?

Regards,
Ashutosh Thakre

Hi Ashutosh,

My employer terminated me. However, they also asked me to complete my notice period if I want to receive my salary for the month of November.

Hi Ashutosh,

They terminated me, but they did not provide any termination letter; instead, they took my company ID card. Now, they have informed me that if I serve my notice period, they will pay my salary for the month of November. I did not engage in any altercation with anyone or any manager; however, my team leader has been shouting at me and behaving rudely.

Thanks, Medha Sharma

Dear Medha,

Approach your HR and inform them that they have terminated you. The question of the Notice Period does not arise. In fact, they need to pay you a salary for asking you to leave immediately (assuming you have not submitted the resignation in writing).

Moreover, if they fail to pay your salary promptly, you will have no choice but to visit the local labor office to file a case.

Regards,
Ashutosh Thakre

Hi Ashutosh,

I did not hide any conversation between me and my employer. I approached my HR, but she told me again and again that if I want my salary for this month, then I will have to serve a 5-month notice period, and the employer will send my 6-month salary in the last month of the notice. HR also misbehaved with me.

Regards,
Medha Sharma