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Company not paying salary and not relieving before notice period
04-Sep-2023 (In Labour & Service Law)
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 ?
For 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
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Adv. Rana Prashant
Gurgaon | 25+ Answers
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Non 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.
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It 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.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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