Madhu.T.K
Industrial Relations And Labour Laws
V.Raghunathan
Process Industry Consultant / Soft Skill
Ukmitra
Business Development, Employee Relations,
+1 Other

I all ready resign the company after 2 months of joining in probation periods without any notice, i all ready sent message of resignation by mobile, i will not continue my service with you from next day, and next day i also resigned by mail to my top Management & owner & HR, because from the time of joining to till 2 months in the time of service i didn't got my salary & meeting convince amount what i was paid from my pocket, i personally discuss altos of time with management/HR for salary matter but no any one solve this matte and no any positive response from them.

On my contract paper there is not mention about notice period either from the employer side or from the employee side for terminate or resign matter.

Only written company can terminate any time without any notice period but he didn't mention about employee notice period for resigning matter.

So please advice me what i should do because i got mail, You had been left our company without prior notice to the management.
Cite.Co is a repository of information created by your industry peers and experienced seniors made possible with help from our prime sponsors like:

TALENTEDGE Who provide a platform for "interactive anywhere learning". Courses from top reputed institutes like IIM, XLRI, MICA. View Courses

FACTOHR - Provides Customised Payroll, GPS Enabled Attendance, Travel, Performance Management, HRMS that can help streamline your organisation. Explore Features

Register Here and help by adding your inputs. Contributions From Other Members Follow Below...
Hope you are in India and not in Soudi Arabia.

Since you have been on probation and your salary for two months along with some conveyance allowance etc are pending, the reason for your leaving service is genuine and therefore, the company cannot initiate a legal action against you. Now you can treat yourself as relieved from the company but at the same time should follow up for the salaries and allowances to which you are entitled. For this you have to send a letter stating that :

I have been working in the company since....as...(designation) I have not received salary for the months.....Since I was on probation during which the employment shall be terminated without notice, I terminated the contract of employment by resigning from the job on.....Whereas the salary for the months of.....and the conveyance allowance totaling Rs ...are not paid by the company, I request you to settle the dues at the earliest failing which I will be constrained to approach the appropriate authorities under the Payment of Wages Act for the recovery of the aforesaid amount.

Signature.

Please send the letter above and wait for the reply.

Regards,

Madhu.T.K
Hello Arch Mallick,
You can do the following.
1.0 Have you received mail receipt confirmation copy for your mail ( in which you sent your resignation).
2.0 If yes, very good you can send that again as a proof.
3.0 If you have not received any confirmation copy or if you have not asked for any confirmation copy and you had just sent a open mail to them, please send the same mail to them again.
4.0 Did you write any mail or hard copy communication that you did not get your salary? If yes, you can send that also.
5.0 Have you mentioned in the resignation letter that you are resigning because you have not been given any salary and you are spending all the conveyance by yourself.
6.0 What is written in your appointment letter about conveyance and salary and when you will be paid the same.
regards,
V.Raghunathan..................................... .................................................. ....................... Navi Mumbai
Dear Mallick,

You mentioned that you were on probation and that you did not receive two months' salary from your employer.

What action did you take when you did not get salary for the first month?, anyways.

As a probationer, you must have been holding charge of some job/ material of the company, which you have to settle before leaving the company by way of getting no dues certificates from different departments, failing which you will be responsible to that effect to the company.

In case the offer of appointment is silent about your serving/non serving a notice to the employer for resigning from your job during the period of probation as against no such requirement for the employer, the rule is arbitrary and is challengable in the court of law.

In case you have handed over the charge of the post and material entrusted to you, if any, you should take up the matter through legal channel. One such channel is the State Labour Officer concerned with whom you should discuss the whole issue and make the application under Payment of Wages Act for recovery of your dues.

I am sure this will solve your issue.

Regards

S.K.Johri
My dear friend,

Wellcome to the world of professional salves. I can understand a labor or maid servant being ignorent of offer letter and contract copy and to know their rights, but professionals acting like labors is so difficult to digest.

For all readers, let me clarify that the person in question seems to me is surely from Saudi Arabia and the work culture and rules regulation is bit different here and what we say here in "confusion in delusion".

First and foremost, never... I say never send your resignation or end of contract intimation through SMS. You can't imagine the irritation and anger you will create in the mind of a Saudi or Expatriate Boss. Remember, you are on sponsorship and his mercy for your job in Saudi. How soon you can understand this is better and for all those who wish to work in Saudi Arabia.

Secondly, how did you sign a contract without the resingation clause. If you done so, you have digged your own grave. Anyways, there is still way, but you need the belly to do and will need suport from our Indian Embassy to get you out, but that is and should be the last resort.

I haven't heard from you after the 4 response, please respond and I will guide you how to go on exit. Awaiting

Ukmitra


I am also in bit same situation i didnt receive salary for two months in probationary period itself in imdia only and in my local area.. I ask them for two months but not get then i send mail till i get salary i stop doing job my RM calls me try to console me, then he make scare by saying he look after my performance after i get salary and assure me i get credit in 24 hours then i start work by own conveyance again but >50 hours also same situation no salary i finally keep mail of resignation to my rm client hr team and my consultancy.. They just make show in mail response and nothing else.. Finally they send me a warning mail to submit resignation hard copy and exit clearence copy and i submit.. But after then i got mail from consultancy hr team saying if i wont work for 15 days notice period they deduct my 15 days salary i check thoroughly my offer they said only 15 days notice period only, not deduction of salary from my worked days now i dont understand what to do.. I acheive top in performance but still with out salary family leading become different.. What action i have to take i am not understanding..
You have raised the concern in another thread. I have given my opinion in that thread. Please follow the link.
https://www.citehr.com/612225-full-f...ml#post2426538
Add Reply Start A New Discussion






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™