Probationary Employees Leaving Early: Should They Receive Their Salary?

Employees who are under probation and are leaving the organization within 10 to 20 days are asking for their salary. What action should we take against them?

Hi, if the employee served the proper notice period and there is no breach of contract, then the eligible salary should be paid.

Hi Ashish,

Handling salary requests during probation

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 labor laws and company policies.

Reviewing the employment contract

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 honor 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.

Considering the reasons for departure

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.

Professional communication

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 labor 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,

If a person worked for your organization and completed their notice period, why do you think you should not pay them wages for the period worked?

Notice Period and Salary Payment Under Industrial Disputes Act

If the employee concerned is a workman under the scope of the Industrial Disputes Act, there is no relevance to the notice period. However, the employer is liable to pay the salary for the days the employee has worked in your organization.

Probation and Salary Payment

Probation is not an excuse to withhold salary, nor does it protect the employer from non-payment of salary. In the case of a manager, you can certainly ask for notice or hold the salary to be adjusted against the notice. However, typically, an employee under probation will not have any notice period during the probation period, as it would be "terminable without notice and without assigning any reason thereof."