I'm currently working for an Australian company, from India it's a fully remote job. I have 45 days notice period but i dont want to serve that, it was stated that a 45 days notice period or payment of salary in lieu thereof. But in policies, it's written that, if continues absence of 8 days without approval of supervisor would be treated as abandonment and they can recover from me the charges. I joined the company on November 9 2021 and till 28 november was training period, where i didnt received my salary. and till today I didn't receive my salary, he told me i will receive salary on 15th of every month. How can I leave the company without serving a notice period?
From India
Partner - Risk Management
Doctor Siva Global Hr
Senior Hr Consultant

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Dear Colleague,

The fact of non receipt of salary has no correlation or connection to breach the agreed terms of contract of employment. Both are separate subject matters altogether. In case of breach if notice period condition, the employer is having right to initiate action for this on you which why you should invite and what is such hurry. It is suggested to adhere to the process.

On the subject of non-receipt of salary, please take up to your HR concerned suitably and they can not deny salary for the days you worked. Take a wise call and proceed.

From India, Chennai

You were in training till end of nov 2021
Then you started working, so you would have completed your first month of working at end of Dec 2021.
Salary for which, are per your terms, would be paid on Jan 15, 2022
Your post was on the 12th, which is before the due date of salary and you have not updated whether you got it later.

If you are not reporting this experience and there is no chance of a BVG (or meeting the person in another job), it will not really matter that you abscond. However, the company is free to take legal steps as you are liable to give 45 days notice.

If, however, you didn't get salary, then there is a breach of terms at the other end and there is a justification for you to leave. In such a case, you should send a termination / resignation notice stating that you are leaving due to non payment of salary and therefore you are not liable to pay the notice pay.

If, your new Employer finds about this, it is likely he will not want you to continue.

From India, Mumbai

Hello - please hold on to the thought of leaving and abandoning a job - it is utter unprofessionalism.

Please reach out to your HR and tell them that you want to resign and move on(if you have made up your mind to do so). There is a separation process that needs to be followed. Such policies are made and drafted, only to be abided by members and employees.

Practical advice - please initiate a discussion with your Reporting Manager and concerned HR contact for discussing your resignation and terms of your release.

Please be professional in your discussions and state the reasons and facts very clearly and politely.

Thank you.

From India, Delhi

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