Salary Not Paid, Is It Necessary To Serve Notice Period - CiteHR
Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+1 Other

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Hi All,
I am working for a company where I have not received last 2 months salary. Luckily I got one more job and want to join as soon as possible. But my current manager want me to serve notice period as per the company rule. Is it really require to serve the same without pay?
Please help me out. I am in great need for suggestions.
Regards
Ronit

Hello Ronit,
How long did you work in this company?
Also, pl note that Serving the Notice period & non-payment of salary dues aren't really linked--though it's understandable that you get this idea.
However, what you need to clearly figure-out is whether the salary will be paid for the Notice period or not AND when would you be paid the 2 months salaries. I think your decision to serve the Notice Period [or not serve] should be based on these 2 factors alone, since @ the End-of-Day, you deserve getting your salary dues for the period you worked.
And, frankly, you SHOULD HAVE figured out this aspect BEFORE you made any commitment to the new company about joining. Suggest buy some more time with them, so that you get sufficient time to handle this situation with your present company.
All the Best.
Rgds,
TS

HI Sateesh,
Thanks a ton for the reply. Thing is that I am not at all bothered about the pay as of now (neither of the time I have worked nor of the notice period), for that I have some other plan to take back as I am not only the person who has to get some pay, lots of other ex employees are also yet to get their pay. The most important thing is that I want an immediate relieve from this company so that I can join the new company and my monthly pay will go as usual.
I haven't seen anybody serving a notice period more than 20 days as if the official notice period is 2 months. All is up to the manager. But now I have been asked to serve 1 month as there are employees shortage. But I am also sure that they are not going to hire any new candidate after 1 month also as there is a huge fund crisis.
Regards
Ronit

Dear Rohit,
What are you actually looking forward too. If not pay, are you really keen on getting the experience/relieving letter? If yes, do figure out what policy your company has for the same.
Also, if your manager wants you to serve the notice; though not 30 days, try to be there as much as you can. After all you never know when you need your ex-employer's help. Relationship is the only key. But just before that clarify the output with your manager - What will you Gain / Loose. With your post I understand that your new employer is not in hurry to get you on board & hence the decision is completely yours.

Since the company has not paid you for the last 2 months, they have violated your terms of employment and it no longer binds you to work there even for a day more. Legally, you can walk off today.
That said, it is always better to complete a proper handover and get an experience certificate.
Also keeping a good relation on separation means that any future background check will receive a good response.
But the company can not force you to serve a notice period when they have not even paid you.
You can always explain to your new employer that you left since they were not paying salary.

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