I had joined a company 6 months ago as a Graduate Engineer Trainee. Currently, I am on a probation period, which is 1 year. During this period, my notice period is 1 month.
Before addressing my query, I want to mention that there is a salary issue in my company, and our salaries are delayed by 2-3 months.
I am planning to pursue a master's degree, and for the entrance exam preparation, I have been absent from work for the past 15 days without formally resigning or informing the company of my leave intentions, as I anticipate that my leave request would not be approved (also, 2 months' salary is pending from the company).
Recently, the company has issued a notice to me to explain the situation and resume my duties. I am unsure about the next steps. As I am unwilling to continue my employment or serve the notice period, what actions could the company potentially take in the worst-case scenario? Can they demand payment for the notice period (1 month) under these circumstances, considering that they owe me 2 months' salary?
Given the circumstances, who holds the upper hand in this scenario?
From India, Mumbai
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Before addressing my query, I want to mention that there is a salary issue in my company, and our salaries are delayed by 2-3 months.
I am planning to pursue a master's degree, and for the entrance exam preparation, I have been absent from work for the past 15 days without formally resigning or informing the company of my leave intentions, as I anticipate that my leave request would not be approved (also, 2 months' salary is pending from the company).
Recently, the company has issued a notice to me to explain the situation and resume my duties. I am unsure about the next steps. As I am unwilling to continue my employment or serve the notice period, what actions could the company potentially take in the worst-case scenario? Can they demand payment for the notice period (1 month) under these circumstances, considering that they owe me 2 months' salary?
Given the circumstances, who holds the upper hand in this scenario?
From India, Mumbai
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I had joined a company 6 months ago as a Graduate Engineer Trainee. Currently, I am on a probation period. My probation period is 1 year. In this duration, my notice period is 1 month.
Now before coming to my query, I would like to share that there is a salary problem in my company, and our salary is delaying 2-3 months.
Now I want to pursue a master's degree. So for its entrance exam preparation, I have not been going to the company for the past 15 days without resigning or informing the company about my leave because I know they won't sanction my leave (my 2 months' salary is also pending with the company).
Now the company has sent me a NOTICE for EXPLANATION AND RESUME DUTY.
In this notice, they have mentioned that if I don't resume my duty in 4 days, then they may take legal action against me.
So what should I do now?
As I don't want to continue my job nor my notice period, in the worst possible case, what can they do?
Can they claim their notice period (1 month) damage money in this condition?
As my 2 months' salary is already with them.
Whose hand will be upper in this scenario?
From India, Mumbai
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Now before coming to my query, I would like to share that there is a salary problem in my company, and our salary is delaying 2-3 months.
Now I want to pursue a master's degree. So for its entrance exam preparation, I have not been going to the company for the past 15 days without resigning or informing the company about my leave because I know they won't sanction my leave (my 2 months' salary is also pending with the company).
Now the company has sent me a NOTICE for EXPLANATION AND RESUME DUTY.
In this notice, they have mentioned that if I don't resume my duty in 4 days, then they may take legal action against me.
So what should I do now?
As I don't want to continue my job nor my notice period, in the worst possible case, what can they do?
Can they claim their notice period (1 month) damage money in this condition?
As my 2 months' salary is already with them.
Whose hand will be upper in this scenario?
From India, Mumbai
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The problem has been brought on by yourself. When you joined a company for work, did you think about your future qualifications/studies? Salary problems are there in many companies, and sometimes we have no choice but to put up with it or leave the company following due process. You have just left without prior notice and landed in a problem. The problem is not major, but your actions could have been more careful. From the facts given by you, you will lose two months' salary since the company delays payments always. The company cannot do much for your leaving them without notice. What you should have done is given them a written notice regarding the delay in payment and state your intention to leave the job. A new employer may be able to find out if they do full employment verification; otherwise, there are no consequences. But as a fresher, take employment seriously and think and plan before joining or leaving a job. Please do consult other learned members for further course of action.
From India, Pune
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3251From India, Pune
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Since the employer himself is defaulting on the completion of material terms and conditions by not paying the salary at the beginning of the month, the employee can give notice of revoking the contract, and there is no need to pay the notice period. Thus, the employee can quit the job immediately. All of these facts should be brought to notice.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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I agree with Nathrao's opinion, and also what Mr. Sushil K Luthra says is absolutely correct. But what if the company does not pay you your legitimate dues? Are you prepared to go through that long process of litigation? I suggest it's better not to. Best of luck for your Post Graduate studies.
From India, New Delhi
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From India, New Delhi
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