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Employment

(Querist) 16 April 2015 This query is : Resolved 

I was employed with this company in Gurgaon who went ahead and terminated my services without giving me any termination letter - and even I have not resigned. In fact their MD had verbally told me that he would help me getting another employment. But since neither I have resigned nor have they given me any termination letter, am I entitled to continue getting salary from them. This happened in Nov 2014 and I haven't received any salary since then. I tried speaking to the MD a couple to times but he has been keeping busy. I have also send a couple of emails but no reply.

Thus if I remain silent, will I continue to be entitled to accumulated salary for all the months which are passing by?

Thanks & Regards
Guest (Expert) 16 April 2015
Seems to be an academic query.

However, if it is your real problem, you have the need to discuss your case along with terms & conditions of your employment, as noted in your offer/ appointment letter and your email communications in person with some service law expert. Otherwise, if not, you may clarify on what ground you are expecting salary without attending your job since November 2014?
Rajendra K Goyal (Expert) 16 April 2015
Consult local service law expert and show him all relative documents. You can send notice to release your salary from Nov. 2014.
Dr J C Vashista (Expert) 17 April 2015
I agree with expert observation and advise of Mr. PS Dhingra.
The query is devoid of merits since termination of service and resignation from service are two opposite prepositions of law.
Moreover, the MD who has stated to have terminated the service of an employee shall (ordinarily) never offer to help him/her (employee) to get another job.
A hypothetical and fabricated academic story.
Sharad Mohan Krishna (Querist) 19 April 2015
This is NOT a hypothetical / fabricated / academic story!!!
The company has not terminated my services and I haven't resigned. And I am not attending office. In this scenario, am I entitled to continue receiving remuneration?
Thanks... Sharad
Dr J C Vashista (Expert) 19 April 2015
Seek services of a professional local lawyer.
Guest (Expert) 19 April 2015
When not working for the company, on what ground you can expect salary without attending your job in the company.
T. Kalaiselvan, Advocate (Expert) 23 April 2015
No attendance no pay is the rule, when you are not working in the company neither you have applied for leave nor there is any valid reason for your absence, how do you justify your claim for salary?, if MD orally says not to work anymore, will you just accept it?, what are your conditions for employment? have you got appointment letter with terms and conditions? How do you think the experts to answer your query without giving any details, the experts are not astrologers to find out what happened in your case by rubbing the magic mirror to see the events took place in your employment.


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