Non Payment Of Salary During Probation Period

Dear Sir ,
I had joined a pvt. company on 25 jan 2016 worked with this company till 23 june 2016. the company has terminated me on the basis of my efficiency and deducted 15 day salary saying that company has invested time and money on you . So we have right to deduct salary of 15 days initial training period .
The company has Provided mt notice period for 15 days to hand over all my working to my reporting manager on 9 June 2016. Sir I have already served 15 days notice period and hand over all my workings to my senior and reporting manager on 23 june 2016. after 60 days on 23 August company called me for FNF and showing my details of deduction and paying me only 8 days salary . Only My june month Salary is due for 23 days including 1 casual leave and 1 unpaid leave before the notice period served to me i.e. 9th June 2016.

Sir no where mentioned that your amount will be deducted during notice period or probation period when company terminate the contract please sujjest me right path to take leGAL action to the company management. Accoring to me my Salary would be 11500 RS. only but company is ready to pay only 4000Rs . only

Thanks and Regards
Naveen Gupta

When you are so particular to take legal action against your grievance, you are not particular to mention in what capacity you were employed. Then, how can you expect others suggest the right path for remedy?

Apart from what Mr. Umakanthan has mentioned, do you feel that is it viable to hire a lawyer and fight a case for an amount of Rs. 7500/-

Company cannot deduct 15 days salary on the ground that company has invested time and money. You can always demand in writing before the company. However please consider the factor that your due amount is very low while considering a lawyer.

Dear Naveen,

What has happened with you is unfortunate. Learned members have given their counsel on your post. Let me add it further.

Before approaching to the court, I recommend you approaching Labour Officer (LO) of the area where the company is located. Carry with you original copy of appointment letter and all other correspondence. Let us see whether LO can solve your problem. Many times (but not all the times), LOs are helpful to the employee. Yours is a case of under-payment of the wages which does not stand the scrutiny of the law. Therefore, hopefully, LO should be helpful to you.

The seniors have told to refrain from approaching the labour court. This is because you appear to be junior and not much aware about the dynamics of Indian judicial system. Wheels of Indian judicial system move at snail's pace. The long settlement of the court cases prohibit ordinary persons from taking route of litigation. While you deserve to get justice for under-payment, however, to get those unpaid wages, possibly you could spend far more while making 'n' number of rounds to the courts. Hence their advice!

Thanks,

Dinesh Divekar

Dear Naveen
Irrespective of the capacity in which you were employed the employer can not deduct unless there was an agreement to that effect. You have every right to claim from your employer the salary due.

Dear Naveen
Our intention is not to pressurize you for not claiming your right, but going legal/court of law is not only the available solution. As advised by Mr. Dinesh please approach the Labor Office who will guide you and help in claiming your Salary. Any single day worked the remuneration has to be paid, unless agreed on certain terms.