3 months salary not paid. Can I leave w/o serving notice period?
Company has not paid my salary for last 3 months. When I told the management that if my salary is not cleared, I shall have no option but to resign. They are threatening to initiate legal proceeding if I leave the company without serving the notice period of 2 months.
Firstly, stopping the salary or the wages is against the right of any registered organisation. In this context, you can ask your employer in writing to release your salary as per the rules and regulations laid down, that is, releasing the salary on the 10th of each month.
Secondly, no company can take a legal action against you if you resign from the organization in conformity to your employment agreement. We suggest you to examine your employment agreement wherein it should mention payment in lieu of notice period.
This implies, if the notice period is not served in such circumstances either of the parties shall pay 2 months of salary. If this clause is mentioned in your agreement, then as the notice period is of 2 months and salary is not paid for 3 months, you can give a formal resignation stating the appropriate reason and claim your 1 month salary.
Also, at the time of giving the handover, we suggest you to take the NO DUE CERTIFICATE and complete your Full and Final settlement.
You can further get in touch with a LABOR INSPECTOR at your local labor court with a copy of resignation acceptance and copy of appointment letter and the copy of no due certificate.
Kindly contact us for any further details and action.
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