Facing Unpaid Salary After Probation Termination: How Can I Claim My Dues?

I have worked with an FMCG company for 3 months as a sales executive. During the last month, my superior asked me to complete the target as given or else resign from the job. This conversation took place over a phone call. I accepted the commitment; unfortunately, I did not achieve the target. Consequently, I resigned from the job by the first of the following month by sending an email to my superior. However, on payday, the salary was not credited. When I inquired about this, the superior informed me that "due to non-performance, you were terminated last month, which is why your salary was not credited." He also mentioned, "I cannot help with this matter anymore."

Upon contacting HR, I was informed that "your salary was processed, but at the time of crediting, the AGM ordered me to hold yours. So, I did it." I also forwarded the email conversation to the AGM and explained my situation, but I did not receive a reply. Furthermore, there was no response to my resignation email.

Is there any possible way to claim my dues? Thank you in advance.

Best regards, Sabaree

Written Appointment Orders and Termination

Did the FMCG company provide you with any written appointment orders? If so, did these orders mention anything about probation, termination of employment, notice periods, etc.? It seems that all correspondence between your company and you has been oral, by phone, or through email only. Therefore, did you receive your termination order in writing or via email?

Salary Withholding During Probation

Regardless of the situation, in the case of termination during probation, with or without notice, no employer can withhold the salary for the duty period, whether the employee's performance was satisfactory or not. Therefore, send a written representation to the management to request your salary immediately. Wait for 15 days, and if the salary is not paid or there is no response, file a complaint with the local labor officer.

Thank you for your concern.

In my appointment letter, it states the following:

During probation or extended periods thereof, your service is liable to be terminated without assigning any reason or payment in lieu thereof.

No employer can issue an appointment order mentioning a clause "your service is liable to be terminated without payment in lieu thereof". This clause is null and void. You can approach the labor officer.

You are entitled to receive the salary for the work done during the probation period as well. The notice period and deductions in lieu of notice period are not applicable as per the clause in your appointment letter.

Please convey your concerns to the higher authorities of the organization. If necessary, consider taking legal action.

You can just show your appointment letter to the LO and pinpoint that clause "without pay". You will have to get paid by your company.