How can I leave the company without serving a notice period?

shiv-sankari
I am currently working for an Australian company from India. It's a fully remote job. I have a 45-day notice period, but I don't want to serve that. It was stated that a 45-day notice period or payment of salary in lieu thereof. However, in the policies, it's written that if there is continuous absence of 8 days without the approval of the supervisor, it would be treated as abandonment, and they can recover the charges from me.

I joined the company on November 9, 2021, and until November 28 was the training period during which I didn't receive my salary. Until today, I haven't received my salary. I was told that I would receive my salary on the 15th of every month. How can I leave the company without serving the notice period?
drsivaglobalhr
Dear Colleague,

The fact of non-receipt of salary has no correlation or connection to breach the agreed terms of the contract of employment. Both are separate subject matters altogether. In the case of a breach of the notice period condition, the employer has the right to initiate action against you, which is why you should comply and not rush. It is suggested to adhere to the process.

Regarding the non-receipt of salary, please address this with your HR department appropriately, as they cannot deny payment for the days you have worked. Make a informed decision and proceed.
saswatabanerjee
You were in training until the end of November 2021. Then you started working, so you would have completed your first month of working at the end of December 2021. Salary, as per your terms, would be paid on January 15, 2022. Your post was on the 12th, which is before the due date of salary, and you have not updated whether you received 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 receive the 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 period.

If your new employer finds out about this, it is likely that they will not want you to continue.
p-lekha-jacobs
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.
slina-dhayashankar
We have an employee who has resigned with a notice period of 3 months, but he is requesting to be relieved within a month. The reason he provided was family-related, but it has come to our attention that he has already secured a job with another company.

How should we proceed with handling this situation?
vmlakshminarayanan
Hi,

Is a 3-month notice period a mutually agreed term between the employee and your company? If so, you can insist on a 3-month notice period. However, now that the employee has received another offer, how efficiently he/she will perform during the extended notice period is a question. If your Company Management agrees, you can arrive at a notice period of 45 days or so after discussing with the employee to reach a mutual conclusion.

In general, when the notice period is more than 1 month and the employee continues to serve notice out of compulsion, the employee may start to spread negativity in the workplace, potentially corrupting colleagues and may not perform as efficiently as before.
NK SUNDARAM
Ask Vijay Mallya what kind of people know how to be unprofessional. Imagine you start up a company and your employees abandon and leave. You people always look at it from your point of view but not from the employer's perspective. Have a heart, man!
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