Salary due
2 months ago
I was a part of a company and worked there as project associate and soon they terminated me because I took leave because my mom was not well. Now as I was on probation period, there was no notice period and FNF document (According to their HR policy) yet it's been 1 week they have not released by salary plus now they are not reverting me on any communication. I am confused on if I file a case against them in Consumer court or file a Police complain
The relationship between an employer and a probationer is governed by Labour Laws and other quasi-judicial laws. Probationers, not considered permanent employees, are not subject to standard rules and regulations for resolving disputes with the employer. In India, the Industrial Employment Standing Orders Act, 1946, is the sole law addressing probation, applicable to organizations with a minimum of 100 active permanent employees. Any agreement or condition for a probationer cannot override the standing orders outlined in this Act.
In the absence of certified standing orders, model standing orders are followed. A 30-day notice is required for the cessation of employment, as per Clause 13(1) of the model Standing Orders. Terminating a probationer without notice violates these provisions, leading the employer to legal consequences upon litigation before the competent authority, typically the Labour Commissioner certifying standing orders for industries and establishments.
To address issues, serving a legal notice is recommended, followed by filing a complaint against the company with the concerned Labour Commissioner. This step is taken to resolve alleged unfair labor practices through the appropriate legal channels.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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The Labour Laws and other quasi-judicial laws govern the relationship between an employer and an employee. A Probationer is not treated as an employee in the permanent role of the Company, so standing rules or regulations are not applicable to the probationer to regulate or resolve the dispute between a probationer and an employer. The only law in India that deals with probation is the Industrial Employment Standing Order Act, 1946, which applies to any organization or company with at least 100 active permanent employees at any point in time. Any agreement point or term or condition of employment of a probationer cannot override the Standing orders laid down in the Industrial Employment Standing Orders Act, 1946. In the absence of certified standing orders, the model standing orders are being followed. A 30-day notice either from the employee or employer for cessation of employment is required in compliance with Clause 13(1) of model Standing Orders applicable in an establishment in the absence of certified Standing Orders. Thus, termination even of a probationer without notice violates the provision of model Standing Orders that makes an employer/company to face legal consequences once it is litigated before the competent authority, that is the concerned Labour Commissioner who is also a certifying authority of standing orders applicable on the industries and establishments. Serving a legal notice, you may file a complaint against the Company before the said Authority over alleged unfair labour practices to resolve the issues in the right way.
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