Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Archnahr
Consultant, Writer And Trainer
V. Balaji
Ir & Hr
+2 Others

Respected sir,
My employer not giving my salary on time since last 2-3 years. Salary getting once in a two month (Now December Salary is pending) and company not releasing my LTA from the period 2008 to till date. It is part of my salary deducting equal monthly amount. If I resign, is it necessary to give notice period of two months they have mentioned in my appointment letter? Also please confirm me the calculation of gratuity period?
2nd February 2011 From India, Delhi
An employer not at all interested to comply with statutory regulations will certainly demand the notice pay when you leave him. And I am sure that once you leave the arrears of salary, LTA and whatever are due, will not be paid. Yes, this is the circumstance when the employees feel that they should come under the umbrella of a Trade Union!!

Well, if you are a workman (not by designation but by means of salary not above Rs 10000, by means of your not having right to approve leaves to your subordinates, by means of your not having right to initiate disciplinary action against another employee or by means of your not having right to appraise another employee) you can put the matter before the Labour Department. They will treat it as a matter coming under the Industrial Disputes Act and Payment of Wages Act. On the other hand, if you are in a managerial capacity, forget about the past or prepare yourself to fight in a civil court and recover the sum.

Regarding Gratuity, you will get it (from the employer only!!!) if you have completed five years of continuous service with the company. For that you can approach the Labour department even if you fall in managerial category. The amount of gratuity will be equal to 15 days salary for every completed year of service subject to a maximum of Rs 10 lakhs.

Regards,

Madhu.T.K
2nd February 2011 From India, Kannur
Hi vs09876,
It is always beneficial for the employee to give notice period to the company so that they can hire a replacement, and you can handover your responsibility properly.
Also, it is advisable as you always maintain cordial relations with the company, which helps in reference and otherwise also.
But as in your case, if you give notice period, you wont get paid and even if don't give I fell the chances of getting salary is very less.
So, find out what happened with the people who have left the company in the recent months, to have an idea.
Now the gratuity part, if you have worked in the company for 2-3 years, then you are not eligible for the gratuity amount. The Gratuity is payable only after 5 years or more of regular service in any organisation.
If you have nay further query, plz feel free to ask....
Regards,
3rd February 2011 From India, Delhi
Dear,

there are two issues w.r.t. your query.

1. There are certain dues that you need to be paid, which are not being paid to you. You always have the right to ask for it. You can submit a written request to your management with a copy maintained by you. If they dont address this issue, then there is always available a solution to go to the next level. Therefore, you need to follow the system of grievance redressal.

2. Secondly giving notice period to the employer before quiting. Yes, you need to give him a notice as per terms of your appointment letter. It is required for the employer to search for a next person to take over the charge.

Moreover, will you keep quite if your employer tells you in the morning when you report for duty that tomorrow onwards you are not required to come to office? Will you not make it as a big issue? Will you not go to conciliation office? So, it is just fair for an employer to expect notice period from an employee before quiting.

Otherwise he has the right to deduct your notice period salary from the dues payable to you in the final settlement.

Balaji
4th February 2011 From India, Madras
I think you missed the point the OP was making.

He also knows that he is required by his terms of employment to give notice of 2 months, the questions is does the employer not paying salary on time and not having paid some part for a long time, still deserve a notice period.

I would think this needs a practical approach.

If you have a job offer on hand and that requires you to join immediately or in less than the notice period, by all means, dump this job and go. Any employer not giving salary and statutory dues is not worth working for.

However, if your new employer needs you to give him a relieving letter, then you need to complete your notice period or get a waiver from the company. In such cases, the threat of going to labour officer / court, etc for late payment of salary and outstanding dues may be a leverage to get your relieving letter.

It is better if you can quit on good terms with your employer. Its a small world. we will meet up somewhere in future....... But you alone will be able to judge whether it is worth giving the 2 months notice period. Its not a question of law, but a question of whether you need to interact with him in future.


4th February 2011 From India, Mumbai
Dear,

If someone treats you unfair, you will also do the same thing?. If both of you are in front of the conciliation office, both (employer and employee) will have their own justification like

"he has not paid me dues, that is why i quit the organization without giving notice period". Don't you think when you have the right to claim your dues either by requesting to the employer or going to conciliation machinery, employer also will have right to deduct his notice period pay?". Ultimately both will end up in sharing bitter experience. Is that what you want?

Secondly, probably your immediate employer may not want you to get the relieving letter, due to urgency of job, he may accept you to join immediately (without relieving letter). But when you go to next employer (he might check the antecedents of employee), where it will be known that you abruptly quit him without giving notice period. There the chances to get eliminated in the interview.

What I advise you is that, you go as per procedure and ethics. If you do so, you will have upper hand in case if your issue is referred to the next level.

Balaji
4th February 2011 From India, Madras
I have a feeling (the OP can decide) that he will not get his dues irrespective of whether he requests, gives notice period or goes for conciliation. In any case, who has time to go to the labour department and follow up for god knows how long. Will his next employer give him time to do that ?
Generally, employers will check with the immediately preceding job for verification. Only in some large companies do they check back to other jobs. In many case they dont have time. Difference is probably if he is at a relatively high post ......

5th February 2011 From India, Mumbai
hi shuld the notice period of employer & employee side be of equal time or it can vary like 15 days from employer side & 2 months fgrom employee side in the appointment letter. thanks samsheen
11th February 2011 From India, Ludhiana
it can be same, or it can be different. It will go as per the terms of appointment order. Different company follows different norms. Balaji
12th February 2011 From India, Madras
Notice period should be same for employer and employee. It can not be like 15 days if the employer wants to terminate the service of an employee but 30 days if an employee wants to leave. The very purpose of notice period is to enable an employee to find a suitable job or employer to find a replacement and the same should be based on the principles of natural justice. Certainly, depending upon the category of employment different notice periods shall be fixed, say for unskilled labour 15 days and for highly skilled persons three months because it is easy for the former to find a job of his grade or for an employer to find a labour of that grade whereas it is difficult in the case of the latter. But the same days should be applicable both to employer and employee.
Regards,
Madhu.T.K
14th February 2011 From India, Kannur
Add Reply Start A New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™