Hi,
Please, can some legal expert help me? I am currently in the probation period at a company. One month has been completed, and today they terminated me without giving my salary for the last month. What is the solution to this problem?
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Please, can some legal expert help me? I am currently in the probation period at a company. One month has been completed, and today they terminated me without giving my salary for the last month. What is the solution to this problem?
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First demand the salary in writing by way of sending a letter through registered with AD post. Wait for 7-10 days. If the company does not pay, thereafter you may approach legally.
From India, Kolkata
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247From India, Kolkata
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Please elaborate on your query. What was the salary drawn, and what was the reason for termination, etc., so that forum members can give their views accordingly? Also, as mentioned by the above forum member, give them time to release your salary. At least a week's time is needed to process it. As per your statement, you were terminated only yesterday, and immediately you want to go legal since you have not received the cheque on the very same day.
From India, Ahmadabad
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From India, Ahmadabad
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Check the relevant clause in your spot letter relating to termination. During the probation period, service is ordinarily terminable without notice and without giving reasons by either party. If such a clause exists in your spot letter, you can do nothing. However, you are certainly entitled to salary up to the last day worked. Wait for a few days, then proceed to demand action and escalate to an andolan if not given or refused. If needed, lodge a complaint with the Labor Authority.
Regards,
Vinayak L. Nagarkar
HR Consultant
From India, Mumbai
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Regards,
Vinayak L. Nagarkar
HR Consultant
From India, Mumbai
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Entitlement to wages and employer's obligations
You are entitled to wages for the work done by you for a month. It is not clear under what grounds the employer did not pay your due wages for the work done by you and under what clause of your contract of employment, if any. What was the employer's reply when you demanded it? However, you are at liberty to approach the appropriate authority under the relevant labor laws or other laws of the land, as may be applicable to you, subject to the condition that it may likely be a long battle costing you time and money. Therefore, you have to decide on your course of action based on the amount of wages for a month involved.
Thanks,
Samir Kr. Bhattacharya
Consultant
MOB [Phone Number Removed For Privacy-Reasons]
From India, Calcutta
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You are entitled to wages for the work done by you for a month. It is not clear under what grounds the employer did not pay your due wages for the work done by you and under what clause of your contract of employment, if any. What was the employer's reply when you demanded it? However, you are at liberty to approach the appropriate authority under the relevant labor laws or other laws of the land, as may be applicable to you, subject to the condition that it may likely be a long battle costing you time and money. Therefore, you have to decide on your course of action based on the amount of wages for a month involved.
Thanks,
Samir Kr. Bhattacharya
Consultant
MOB [Phone Number Removed For Privacy-Reasons]
From India, Calcutta
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Legal Clarification on Severance Dues & Probation Period.PDF