Hi,
My company terminated me without any reason. I was in the probation period of 4 months, but after three and a half months, they terminated me by giving the reason that I was taking a lot of leaves. In actuality, I only took 2 leaves in July. One day, I was not feeling well, and the other leave was taken when my brother met with an accident, so I took these two leaves. They put my salary on hold for 45 days. Please tell me what I can do in this situation.
From India, New Delhi
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My company terminated me without any reason. I was in the probation period of 4 months, but after three and a half months, they terminated me by giving the reason that I was taking a lot of leaves. In actuality, I only took 2 leaves in July. One day, I was not feeling well, and the other leave was taken when my brother met with an accident, so I took these two leaves. They put my salary on hold for 45 days. Please tell me what I can do in this situation.
From India, New Delhi
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No employer can put the salary on hold for the days worked. Please send a letter asking the reason for the same and demand the hard earned salary.
From India, Ahmadabad
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787From India, Ahmadabad
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Thank You SIr you at my concern issue. The below letter they have send me on my mail
5 Aug, 2014
Subject: Relieving Letter
Mr. Ankit Garg.
We regret to inform you that we relieved your services with this Company., w.e.f. 5 Aug, 2014. Your relieving is the result of behavior issues as outlined below:
• Unprofessional behavior, plotting against company and abstinence from work which hampered company revenue.
• Repeated absenteeism form work without any prior information and resulting in termination.
We wish you all the best in your future endeavors, hope that we would be able to re-employee you if any position is available in future.
From India, New Delhi
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5 Aug, 2014
Subject: Relieving Letter
Mr. Ankit Garg.
We regret to inform you that we relieved your services with this Company., w.e.f. 5 Aug, 2014. Your relieving is the result of behavior issues as outlined below:
• Unprofessional behavior, plotting against company and abstinence from work which hampered company revenue.
• Repeated absenteeism form work without any prior information and resulting in termination.
We wish you all the best in your future endeavors, hope that we would be able to re-employee you if any position is available in future.
From India, New Delhi
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Hi Ankit,
Firstly, the fact is 'the company has terminated you with a reason,' so remove from your head the idea that they terminated you without reason.
Now, coming to the technical part of leaves, the company says you did not inform them. You need to check what proof you have. It is always advised to have a billing card to access data. However, if you have a message in your sent box, that would also suffice.
I remember when I was a TL, my agents used to call me requesting emergency leave. After granting leave, they would message, "Thank you, sir, for understanding my situation and granting me leave," and so on. Take it as a good gesture, or consider it a smart way of keeping proof.
Anyways, your company accuses you of 'plotting against the company,' which is a serious offense requiring investigation (since you cannot show that letter to anyone). Write to them, provide your explanation, and sort it out. It is quite possible that there is someone in your group who spread rumors.
Regarding your job, start looking for another one, and rest assured that you will receive your salary as they cannot withhold it.
From India, Mumbai
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Firstly, the fact is 'the company has terminated you with a reason,' so remove from your head the idea that they terminated you without reason.
Now, coming to the technical part of leaves, the company says you did not inform them. You need to check what proof you have. It is always advised to have a billing card to access data. However, if you have a message in your sent box, that would also suffice.
I remember when I was a TL, my agents used to call me requesting emergency leave. After granting leave, they would message, "Thank you, sir, for understanding my situation and granting me leave," and so on. Take it as a good gesture, or consider it a smart way of keeping proof.
Anyways, your company accuses you of 'plotting against the company,' which is a serious offense requiring investigation (since you cannot show that letter to anyone). Write to them, provide your explanation, and sort it out. It is quite possible that there is someone in your group who spread rumors.
Regarding your job, start looking for another one, and rest assured that you will receive your salary as they cannot withhold it.
From India, Mumbai
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Hi,
Regarding the termination of your probation, it is not in conformity with the rules and natural justice. They have to allow you for the full term, advising you to desist from conduct against the rules and interests of the company. They also have to allow you an opportunity to explain your conduct. This has to be done on occasion; once they are still satisfied that you do not show any improvement, they can terminate your probation upon completion of the probation period.
As for the withheld salary, they cannot withhold or deny you the salary for the period you have actually worked with the company (which will be supported by your Time Office or any other relevant document).
You should write to the organization via speed/registered post to request the release of the withheld salary. In case they do not heed your first letter, write another letter stating that your attendance at the organization is supported by the relevant documents in your possession and request them to release your salary. If they still deny, please consult a labor law expert who can file a case against them under the Payment of Wages Act.
S.K. Johri
From India, Delhi
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Regarding the termination of your probation, it is not in conformity with the rules and natural justice. They have to allow you for the full term, advising you to desist from conduct against the rules and interests of the company. They also have to allow you an opportunity to explain your conduct. This has to be done on occasion; once they are still satisfied that you do not show any improvement, they can terminate your probation upon completion of the probation period.
As for the withheld salary, they cannot withhold or deny you the salary for the period you have actually worked with the company (which will be supported by your Time Office or any other relevant document).
You should write to the organization via speed/registered post to request the release of the withheld salary. In case they do not heed your first letter, write another letter stating that your attendance at the organization is supported by the relevant documents in your possession and request them to release your salary. If they still deny, please consult a labor law expert who can file a case against them under the Payment of Wages Act.
S.K. Johri
From India, Delhi
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Dear Mr. Ankit,
Noted the contents of your query, read with Mr. Johri's comments. He (Mr. Johri) has considered various aspects but has not ascertained the basic facts.
It is not known at what position you were employed. Secondly, during the probationary period, your behavior and attitude towards the Company were found uncompromising and inconsistent with the policies of the Company. When taking leave, it is imperative upon you to convey your inability to the Company. We are living in the digital world which does not allow the Management of the Company to accept your version. It is also very important that the Management, during the probationary period, needs to issue a memo of shortcomings observed so as to enable you to improve upon. In the absence of this, the Company may have possibly confronted with various business eventualities from time to time, which has culminated in the termination of service and also withholding of your salary until the exact loss that may have caused the Company is realized. However, in terms of the legal provisions of the Payment of Wages Act, this kind of policy adopted by the Management is unconstitutional. It is now open for you to write to the Management of the Company for the release of your salary in the best suitable manner without antagonizing them in any manner. You are always free to approach the Labor Court, but it involves financial expenditure and a waiting period thereafter to seek justice, as desired.
Wish you all the best.
Thanking you, with regards,
Praful M Lale
Labor Law Consultant
(M) 9820445140
From India, Mumbai
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Noted the contents of your query, read with Mr. Johri's comments. He (Mr. Johri) has considered various aspects but has not ascertained the basic facts.
It is not known at what position you were employed. Secondly, during the probationary period, your behavior and attitude towards the Company were found uncompromising and inconsistent with the policies of the Company. When taking leave, it is imperative upon you to convey your inability to the Company. We are living in the digital world which does not allow the Management of the Company to accept your version. It is also very important that the Management, during the probationary period, needs to issue a memo of shortcomings observed so as to enable you to improve upon. In the absence of this, the Company may have possibly confronted with various business eventualities from time to time, which has culminated in the termination of service and also withholding of your salary until the exact loss that may have caused the Company is realized. However, in terms of the legal provisions of the Payment of Wages Act, this kind of policy adopted by the Management is unconstitutional. It is now open for you to write to the Management of the Company for the release of your salary in the best suitable manner without antagonizing them in any manner. You are always free to approach the Labor Court, but it involves financial expenditure and a waiting period thereafter to seek justice, as desired.
Wish you all the best.
Thanking you, with regards,
Praful M Lale
Labor Law Consultant
(M) 9820445140
From India, Mumbai
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Thank you for your comments. I have emailed the company requesting all basic details such as the exact date when I can expect to receive my salary, the precise amount, and the duration of my working period, to be provided in writing on the company's letterhead. However, they responded by stating that the company incurred a loss due to my actions and demanded that I pay $20,000 to cover the loss.
From India, New Delhi
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From India, New Delhi
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Please let the forum know what is your stand on the termination for the below reason mentioned in your letter
• Unprofessional behavior, plotting against company and abstinence from work which hampered company revenue.
• Repeated absenteeism form work without any prior information and resulting in termination.
Finally they have also come to you stating that the company has incurred loss amounting to Rs. 20,000/- so you must be aware of the fact. If the claim by company is found to be true then you will end up paying.
So you are requested to tell the exact story or forgo the salary if it is a meager one
From India, Ahmadabad
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• Unprofessional behavior, plotting against company and abstinence from work which hampered company revenue.
• Repeated absenteeism form work without any prior information and resulting in termination.
Finally they have also come to you stating that the company has incurred loss amounting to Rs. 20,000/- so you must be aware of the fact. If the claim by company is found to be true then you will end up paying.
So you are requested to tell the exact story or forgo the salary if it is a meager one
From India, Ahmadabad
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Dear all,
Issuing any charge sheet, conducting an inquiry into alleged charges, or claiming compensation for the loss is illegal and unjustified. You can file a complaint with the area Labour/Factories Inspector or the Labour Officer under the provisions of the Industrial Disputes Act.
P. K. Sharma
From India, Delhi
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Issuing any charge sheet, conducting an inquiry into alleged charges, or claiming compensation for the loss is illegal and unjustified. You can file a complaint with the area Labour/Factories Inspector or the Labour Officer under the provisions of the Industrial Disputes Act.
P. K. Sharma
From India, Delhi
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Dear Sir/Madam,
I am Sneha. I live in Gujarat. I did B.COM and PGDM (HR). After education, I went to a Mobile Phone Tower building firm through a Manpower Consultant and worked there as an HR/Admin executive from 2010 to 2011 for 9 months. Due to some family issues, I had to leave that job. Three years later, I again started looking for a job and got a job in a private CA firm. I worked there as a Finance executive from May to July 2014. Suddenly one evening, my boss called me and said, "One of our client companies is looking for an HR candidate. They spoke to me regarding their requirement, then I thought about you. You have done HR, so you go there." I went there and found that it is an online trading company. They were doing a trading business of clothes, sarees, dress materials, and I think they were looking for a sales candidate. I attended the interview, it didn't go well. With a disturbed mind, I left that CA firm. Now, I am looking for a job again but till now no luck. Wherever I go, they ask for experience... please help... :(
Attribution: http://citehr.com#ixzz3AFB3tZDU
From India, Mumbai
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I am Sneha. I live in Gujarat. I did B.COM and PGDM (HR). After education, I went to a Mobile Phone Tower building firm through a Manpower Consultant and worked there as an HR/Admin executive from 2010 to 2011 for 9 months. Due to some family issues, I had to leave that job. Three years later, I again started looking for a job and got a job in a private CA firm. I worked there as a Finance executive from May to July 2014. Suddenly one evening, my boss called me and said, "One of our client companies is looking for an HR candidate. They spoke to me regarding their requirement, then I thought about you. You have done HR, so you go there." I went there and found that it is an online trading company. They were doing a trading business of clothes, sarees, dress materials, and I think they were looking for a sales candidate. I attended the interview, it didn't go well. With a disturbed mind, I left that CA firm. Now, I am looking for a job again but till now no luck. Wherever I go, they ask for experience... please help... :(
Attribution: http://citehr.com#ixzz3AFB3tZDU
From India, Mumbai
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