Sushilkluthra@gmail.com
Consultant In Legal Matters
SAIBHAKTA
Retired From Air India
+2 Others

#Anonymous

I had joined a company 6 months ago as a Graduate Engineer Trainee. Currently I am on 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 salary problem in my company and our salary is delaying 2-3 months.
Now I want to pursue master degree. So for its entrance exam preparation I am not going to company since 15 days without resignation or any intimation to company for leave, because I know they won't sanction my leave (my 2 months salary is also pending with company).
Now company has sent me notice for EXPLANATION AND RESUME DUTY. So what should I do now ???
As I don't want to continue my job neither my Notice period. So in worst possible case what they can 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 ???
17th May 2015 From India, Mumbai
I had joined a company 6 months ago as a Graduate Engineer Trainee. Currently I am on 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 salary problem in my company and our salary is delaying 2-3 months.

Now I want to pursue master degree. So for its entrance exam preparation I am not going to company since 15 days without resignation or any intimation to company for leave, because I know they won't sanction my leave (my 2 months salary is also pending with company).

Now company has sent me 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 neither my Notice period. So in worst possible case what they can 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 ???
17th May 2015 From India, Mumbai
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 you actions cold have been more careful
From facts given by you you will loose two months salary since the company delays payments always.
Company cannot do much for your leaving them without notice.
What you should have done is given them a written notice regarding delay in payment and state your intention to leave the job.
A new employer may be able to find out if does 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.
17th May 2015 From India, Pune
Since the employer himself is defaulting in completion of material terms and conditions by not paying salary in the beginning of the month, the employee can give notice of revoking the contract and there is no need to pay notice period. Thus the employee can quit the job immediately. All of these facts be brought in notice.
Thanks
Sushil
17th May 2015 From India, New Delhi
I agree with Nathrao's opimion and also what Mr Sushil K Luthra says is absolutely correct.But what if company does not pay you your legitimate dues ? Are you prepared to go to that long process of litigation? I suggest better not. Best of luck for your Post Graduate studies.
18th May 2015 From India, New Delhi
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