Anonymous
Asked March 06, 2017

Labour law: Probation period

  • 1 Answer
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Terminated without notice after 7.5 months in job. Have only offer letter in which probation period(P.P.) stated as 3 months. Did not get appointment letter at joining nor intimation of probation extension or confirmation after 3 months. Just continued working. Offer letter: Business Development Executive(trainee) Basic salary-20,000. T.A.-5,000. H.R.A.-5,000. Clauses: -- for P.P. of 3 months target will be so and so per month. -- if target not achieved in P.P. company will be issuing a minimum salary. -- company has right to fix minimum salary according to the performance of employee. -- if performance not satisfactory minimum salary of 10,000 will be paid during P.P. and company has right to terminate without notice. My target was not achieved in any month, due to company problems. Till now got only 10,000 as 1st month salary, 5,000 as 2nd month partial salary: both with cash receipt taken from me. Later, a 20,000 cheque for TA,HRA for which they didn't take receipt from me. My question now is, how much outstanding remuneration am I entitled to receive legally now for the total 7.5 months of employment ? After the first 3 months, will I be legally seen still under probation or as confirmed for the rest 4.5 months ? What will be the terms after the first 3 months ? Can the company claim that the ?20,000 cheque was not for expenses but for salary ?

Answer 1

Since the company has clearly mentioned that probation is a three month period after which the company may issue minimum salary of Rs. 10,000 in case of non achievement of target, it may be said that you have completed your PP as you have not received any letter contrary to this term of the company. Hence, the no notice clause may not be applicable in this case since you may be considered to be a confirmed employee after the 3 months PP and you are also entitled to receive Rs. 10,000 pm. Regarding the Rs. 20,000 paid by the company, since you do not have a receipt to establish the type of this payment, the company may try to claim that it was for salary but then you may claim payment of due TA and HRA.

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