Company not paid my last months salary as well experience certificate:
3 years ago
I was working in a company and offer letter it's clearly mentioned that ....................
"You will be on a probation period for the first six months of service. Based on your
performance of your services will be confirmed with the company in written after six months.
During the probation period, your services can be terminated with seven days’ notice on either side and without
any reasons whatsoever. If your services are found satisfactory during the probation period, you will be
confirmed in the present position and thereafter your services can be terminated on two month’s notice on either
side. You will be eligible for an appraisal after confirmation, based on your work performance."
So, I was supposed to get confirmation of services with the company in details after 6 months but I didn't get even after informing my manager also. In fact, I emailed for an appraisal at the end of the sixth month, but on that mail also I didn't get any reply or anything. I waited for two months for their response but I didn't get any response from that company and after that, I decided to leave that company so I dropped a resignation mail with 7days of the notice period. (as it's mentioned in there offer letter) but they are not accepting the resignation letter.
and HR reply was: The company was paying you the salary after completed your 6 months i.e probation period.
After 6 months the employees get automatically confirmed. If the company wants to terminate the employee then we would have to take the action before 6 months.
So I leave that company after 7 days and they are not providing any experience certificate and my last moths salary nothing.
From the above scenario
my question is1) are all rules only for an employee? there is no value of employee problems. The company does not provide any in written confirmation letter for appraisal, no experience certificate, last moths salary after leaving that company, instead of that company threat to take the legal action for the employee.
For arrears of one month salary it is not wise to issue any legal notice or to take legal action. Please wait for some more time or file representation.
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Most employees are given very few rights during their probation period. However, you are entitled to receive the experience certificate as proof of having worked at the company the past six months. You will have to look into the terms of your employment contract to see if you have any alternative remedy.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
This depends on the terms of your employment contract. Most organizations have a probation period for the duration of which the employee is given very few rights, you have little recourse here. However, you have the right to receive an experience certificate, as you have worked there for 6 months. You can approach the HR team for the same. Failing this, you can make a petition in Court.
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