One of the employee, has been terminated due to negative feedback from background verification, which was done after 75 days of joining. Employee's 45 days salary has kept on hold. The Company is not ready to pay the salary and terminated without any notice. Can we take any legal action against the company??
From India, Kolkata
From India, Kolkata
NO.
This clearly shows that the documents submitted during joining is fake.
The termination is justified. Employer has as long as 6 months to verify any joining documents.
You can not take any legal proceedings.
May be requested for full salary or part there-of.
From India, Chennai
22This clearly shows that the documents submitted during joining is fake.
The termination is justified. Employer has as long as 6 months to verify any joining documents.
You can not take any legal proceedings.
May be requested for full salary or part there-of.
From India, Chennai
Dear friend,
There is no mention in the post what the duration of the period of probation was and whether the employee was officially confirmed on the post for which he was selected OR was undergoing probation before the termination based on back ground verification. If he was only a probationer, the action of the management in terminating his services based on any negative feed back in the back ground verification report without assigning any reason or notice as per the terms of the contract of employment might be correct. If not, the management ought to have at least mentioned the reason for the termination in the orders for it can be construed as a declaration to the effect that never the individual was appointed since he has procured the appointment by means of submission of fake documents or suppression of certain vital facts as the case be and not an orders of termination in the normal sense.
Coming to the issue of with holding of 45 days salary in a total length of 75 days service, it is certainly illegal. Salary is the compensation payable for the services rendered. Hence it is the automatic right acquired by the employee for remaining under the services of the employer subject to his directions and disposal. Thus, salary is first earned by the employee and only then becomes payable resulting in the fulfillment of the mutual consideration of the contract of employment. Therefore, the employer has no right to with hold the salary for the duty period.
From India, Salem
There is no mention in the post what the duration of the period of probation was and whether the employee was officially confirmed on the post for which he was selected OR was undergoing probation before the termination based on back ground verification. If he was only a probationer, the action of the management in terminating his services based on any negative feed back in the back ground verification report without assigning any reason or notice as per the terms of the contract of employment might be correct. If not, the management ought to have at least mentioned the reason for the termination in the orders for it can be construed as a declaration to the effect that never the individual was appointed since he has procured the appointment by means of submission of fake documents or suppression of certain vital facts as the case be and not an orders of termination in the normal sense.
Coming to the issue of with holding of 45 days salary in a total length of 75 days service, it is certainly illegal. Salary is the compensation payable for the services rendered. Hence it is the automatic right acquired by the employee for remaining under the services of the employer subject to his directions and disposal. Thus, salary is first earned by the employee and only then becomes payable resulting in the fulfillment of the mutual consideration of the contract of employment. Therefore, the employer has no right to with hold the salary for the duty period.
From India, Salem
What action can be taken towards the employer?? The Salary which they have hold, will be around 70k.
From India, Kolkata
From India, Kolkata
The negative background verification obtained should have been shared with the employee ( both regular and probationer) and served with a show cause notice from the employee first. Relying on the recent SC' judgement, no employer can terminate an employee abruptly. A negative background verification can be intentional and motivated. Termination of the services of an employee may be a small thing for the company but it's a very big matter for an employee. So, it's very important to follow proper and fair process before effecting a termination.
Regards,
From India, Mumbai
Regards,
From India, Mumbai
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Salary on Hold.zip
Salary-Note.doc
SALARY SHEET CALCULATION.xls