Hi,
I have Joined a HR Consulting Firm on 25th of November as a HR Executive in Gurgaon.
My Job and salary was target based.
On completion of one Month, on 25th of December, I have asked for my first salary, and they have issued a Post dated chaque of 5th January 2014. When I have asked why they have given me post dated that too of after 10 days, they said so that you will not quit after taking salry, it just like a notice period. I said nothing.
Then on 3rd of January when I have Reached office, Employer no need to come from today onward, u r terminated with immediate effect due to poor performance, and they have stopped my payment too, which I Came to Know through Bank Only.
Please suggest what to do, as it seems that thy have preplanned all the story to exploit me.
From India, Chennai
I have Joined a HR Consulting Firm on 25th of November as a HR Executive in Gurgaon.
My Job and salary was target based.
On completion of one Month, on 25th of December, I have asked for my first salary, and they have issued a Post dated chaque of 5th January 2014. When I have asked why they have given me post dated that too of after 10 days, they said so that you will not quit after taking salry, it just like a notice period. I said nothing.
Then on 3rd of January when I have Reached office, Employer no need to come from today onward, u r terminated with immediate effect due to poor performance, and they have stopped my payment too, which I Came to Know through Bank Only.
Please suggest what to do, as it seems that thy have preplanned all the story to exploit me.
From India, Chennai
You can take the help of the local Labour Officer/ Inspector under the Shops and Commercial Establishment Act by filing a complaint for non payment of salary for the period you have worked in the establishment. An establishment is not expected to fix a remuneration fully variable, though in some cases it can be linked to performance. In your case since you have been appointed as Marketing/ Sales Executive, the compensation can be linked to result which is quantifiable. However, if Placement companies are included in the schedule of minimum wages, which is purely a state subject, then there should be prescribed in the minimum wages notification a fixed amount payable to an Human Resource Sourcing Executive/ Marketing Executive. This is bare minimum amount and whatever other benefits shall be linked to your reaching the targets.
Now coming to termination without notice, the terms of appointment only can tell whether you can be terminated without notice or not. Normally, all appointments will be on probation for a certain months, say six months, during which period the services shall be terminated without notice and without assigning any reason. If this is the case, your termination cannot be termed illegal.
Hope that your salary month is the same 1st to 30/31st and if so you should get salary for 6 days in November and the days till you were terminated.
Regards,
Madhu.T.K
From India, Kannur
4249Now coming to termination without notice, the terms of appointment only can tell whether you can be terminated without notice or not. Normally, all appointments will be on probation for a certain months, say six months, during which period the services shall be terminated without notice and without assigning any reason. If this is the case, your termination cannot be termed illegal.
Hope that your salary month is the same 1st to 30/31st and if so you should get salary for 6 days in November and the days till you were terminated.
Regards,
Madhu.T.K
From India, Kannur
You should always check the organisation where you are joining.
There are some things not disclosed by you, which can affect the answer you get.
1. Do you have an appointment letter, offer letter, etc that gives details of your employment and salary structure ?
2. Was there any stated notice period in the terms of employment ?
3. Are you an employee or a consultant / associate / professional ?
4. Did you actually fail to deliver or was there any other incident / matter that we are not aware of
In terms of the stop order given against your cheque, I understand from previous discussion on CiteHR that issuing a stop payment order on a cheque issued against any legally enforseable debt (other than for valid prima facie dispute) is a criminal offence punishable under sec 138 of the Negotiable Instruments Act.
The other points raised by Madhu is valid, but of course, subject to you having relevant papers or evidence that you were working there.
From India, Mumbai
There are some things not disclosed by you, which can affect the answer you get.
1. Do you have an appointment letter, offer letter, etc that gives details of your employment and salary structure ?
2. Was there any stated notice period in the terms of employment ?
3. Are you an employee or a consultant / associate / professional ?
4. Did you actually fail to deliver or was there any other incident / matter that we are not aware of
In terms of the stop order given against your cheque, I understand from previous discussion on CiteHR that issuing a stop payment order on a cheque issued against any legally enforseable debt (other than for valid prima facie dispute) is a criminal offence punishable under sec 138 of the Negotiable Instruments Act.
The other points raised by Madhu is valid, but of course, subject to you having relevant papers or evidence that you were working there.
From India, Mumbai
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