Legality of notice period in case of persistent failure to pay salary
31-Mar-2023 (In Labour & Service Law)
I'm working as a sales executive in an IT firm. The employers have been inconsistent in paying my salary on time for the past 6 months or so. I'm yet to be paid the salary for the past two months. I'm planning to leave the company and don't want to serve the mandatory notice period of 3 months. The alternative is to pay the employers compensation for not serving the notice period. Hasn't the employment contract been breached when they did not pay me salary on time making the notice period invalid? What are my options to move against them legally if the company does not offer me a certificate of experience or if they write fake and negative references for me if i leave without serving the notice period? And if there are options to move legally, are they worth my time and money?
I am afraid you are mixing up the issues? The question of notice period needs to be considered independent of the inconsistency in getting salary. The question whether the three months notice period is just and fair and whether it is a valid condition. The facts disclosed are inadequate to offer a definite opinion.
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