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Regarding notice period and salary delay

(Querist) 17 May 2015 This query is : Resolved 
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 ???
Kumar Doab (Expert) 17 May 2015
Anonymous query not replied.

Rajendra K Goyal (Expert) 18 May 2015
No reply to anonymous query.
sudhir chaudhary (Querist) 18 May 2015
Guys, What kind of anonymous is this ?? Which detail am I hiding from you ?? Kindly guide me..
Guest (Expert) 18 May 2015
GUY Mr. sudhir chaudhary,

Really smart you are by adding your name in the profile and asking the experts, "What kind of anonymous is this?" and also if they are your younger friends or students to address them "guys".

Do you think the experts were idiots not knowing what was anonymous, if they had declared your query as anonymous, as if they would not have checked your profile name before replying?

Even if you think as of now your query is not from some anonymous person, your query is nothing except a vague and hypothetical query.

By the way, what is the link of your salary problem with your intention to pursue masters degree?

Further, why do you expect that the experts should help you if you are reluctant to do your duties and absent from duty unauthorisedly and ask for unethical ways to support you when you don't want to discharge your responsibilities sincerely? A question arises, did you join this post and absented from duty on the advice of any expert here?

If you want to pursue masters degree, you should also be ready to adhere to the terms & conditions of the employment.

If not willing to do the job, resign from the job by asking your employer to adjust the notice period pay out of your two months salary due from them.

All other questions are quite irrevant on your part, as you cannot expect anyone to predict, what the company would do on your willfully absenting from job.


T. Kalaiselvan, Advocate (Expert) 19 May 2015
Expert Mr. Dhingra has addressed the query very properly, advised suitably, nothing more to add.
Kumar Doab (Expert) 19 May 2015
Expert Shri P.S.Dhingra has concluded the matter, appropriately.


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