quesCompany not paying salary and not relieving before notice period

Hi, My company hasn't paid salary for the last 2 months (July & August). It is a private limited company registered in Delhi. I have a 3 month notice period as per my agreement but do not want to continue because of lack of payment of salary. They are however not agreeing to relieve me early nor are committing to pay past salary or future notice period salary. What options do I have here ?

  • ansIt would be advisable that you serve them a notice and then serve the notice period after that before leaving or else they will have a reason to not pay you the salary in lieu of you not serving the notice period. Simultaneously you could approach the Labour inspector and file a complaint with their office for non payment of dues by the company.

    Advocate Rohan Mittal

      Sector 17, Panchkula

  • ansNon payment of salary without sufficient cause is a violation of contract. You can write to the management treating this two months period also as notice and relieve you after one month. If they do not listen to you, send them a notice through your lawyer.

    Advocate Col Rajendra Kumar (Retd)

      Sohna Road, Gurgaon

  • ansFor recovery of salary either you can file a recovery suit or you can also claim under shops and establishment act. Civil suit takes time to resolve. However under shops and establishment it's little quicker

    Advocate Rana Prashant

      Udyog Vihar Ph 5, Gurgaon

  • Send a legal notice for recovery of dues from employer @ Rs. 1999/- only

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  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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