I joined a company 6 months ago as a Graduate Engineer Trainee. Currently, I am on a probation period, which lasts 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 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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Recently, the company 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 joined a company 6 months ago as a Graduate Engineer Trainee. Currently, I am on a probation period, which lasts for 1 year. During this time, my notice period is 1 month.
Salary Issues and Absence
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).
Notice from the Company
Recently, the company has issued a notice to me to explain the situation and resume my duties. In this notice, they have mentioned that if I don't resume my duty in 4 days, they may take legal action against me.
Query: Potential Consequences
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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Salary Issues and Absence
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).
Notice from the Company
Recently, the company has issued a notice to me to explain the situation and resume my duties. In this notice, they have mentioned that if I don't resume my duty in 4 days, they may take legal action against me.
Query: Potential Consequences
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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Understanding Employment Obligations and Consequences
The problem has been brought on by yourself. When you joined a company for work, did you think about your future qualifications or studies? Salary problems exist 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.
Regards
From India, Pune
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3180The problem has been brought on by yourself. When you joined a company for work, did you think about your future qualifications or studies? Salary problems exist 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.
Regards
From 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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Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf