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Dr Sufian Zaheer (Pathologist)     05 January 2011

Leaving Job without taking First Salary

What is the legal aspect of leaving job without taking first salary, will the person have to serve the notice period



Learning

 5 Replies

Sana (lawyer)     06 January 2011

Hello,

According to my opinion it all depends on the contract signed between the parties.Leaving job without taking first salary is just the simple way to get rid off, its not the solution.Firstly,If the contract specifies serving notice period then the employer can consider the day when he comes to know about Mr X leaving the job as the notice period and later can pay the salary when the period is complete[mutual under standing required]...Secondly, if at all the worker left without salary and informing,,, the employer has legal remedies which the parties may have agreed at the time of signing the contract in respect to- either of the party breaching the contract.....Thirdly the employee can state that the reason that the work conditions is not the one to which he had agreed to....

Hope it was informative.

Thanks.

INDERJIT SINGH (LEGAL ADVISER)     06 January 2011

So it all depends on the terms of appointment.  Once the person has joined as employee, a contract of appointment is formed according to terms of appointment.  Accordingly, the notice period, as specified in the appointment letter, will be applicable even if the employee has worked for a day.

In case of breach, the remedies specified in the terms of appointment will be available to the aggrieved party.

RENISH RAO (ADVOCATE)     07 January 2011

I think both the above mentioned opinions are on right track. Furthermore, in this case, I would like to say that, the employee can, of course apply to the employer to "Set-off" the unpaid salary for first month with the notice period payment in terms of the Notice Period provisions agreed under Employement Contract.

Renish Rao (Advocate)

Ahmedabad, Gujarat

Rhonda Luna (HR)     10 January 2011

you are all right because it depends only on the appointments contract between the two parties and the notice period will show your presence in the job.

Gagan Gupta (Advocate)     19 July 2011

All opnions are correct. My answer is employee can leave the job without getting salary. However if employer spend on traing etc he can ask for compliance of contract.


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