Thread Started by #Rajeshkumar tvk

Dear Experts,
My company is not paying salary on right time and they are keeping two months salary in due.......So I decided to leave the organisation and explained my situation on financial problem because I am in rented home. But they are not ready to hear and they threatening me to stay back and work otherwise they will issue public notice that I absconded from company with property and documents. So what I have to do regarding this issues? And how to get back my pending salary............... I have submitted my resign letter but they have not accepted...............Guide me in this issue
regards,
Rajeshkumar
12th January 2014 From India, Pondicherry
If you have submitted your resignation letter, you can think of leaving without minding the threats that the company will issue public notices. In fact no company will do like this because it is the employee who should decide whether he should work for the company or not and nobody can force any employee to work for him. Forcing an employee to work for an employer and that also in a condition wherein the former is not paid salary in time, is just like bonded labour. Regarding filing a suit against you by the company, I would like to ask on which ground are they going to file it? Absconding is not a charge here, because you have already communicated your unwillingness to work there, you have expressed your unwillingness to your friends, through this forum (that is also an evidence) and so on and due to these the charges of absconding will not be maintainable. Moreover, in order to be declared absconding, the company should send letters to your address. If so, you should reply to the letter and in that you can narrate the whole story that you had decided to resign since you were not paid salary and since the company did not relieve you just ceased yourself from coming to office and this cannot be termed as absconding. You can send the reply by registered post and a copy of the letter shall also be marked and send to the District labour Officer with a request to interfere. If your letter has a copy marked to DLO, there ends the whole story, the company officials will not pursue it again or even will settle your dues.

For any establishment there can be a depression. During depression, the employer should take the employees in to confidence and in such scenarios the employees will help the employer in such ways as they can do. But these kinds of threatening etc are unfair. I always advise that you should fight where there is anything unfair.

Regards,

Madhu.T.K
13th January 2014 From India, Kannur
Dear Mr.Madhu,
Thank you for the information, I have submitted my resignation to the GM and I have the copy of the letter forwarded to chairman by GM. Also I have sent mail regarding my resignation, narrating my financial problem. Still there is no response to the mail I have decided not to go to company. Whether I should go to company to get clearance from them or these documents are enough please clarify me.
Regards,
Rajeshkumar
16th January 2014 From India, Pondicherry
Normally an employee is expected to get clearance by presenting personally for exit formalities. This being a special issue, you can ask for the date on which you will be relieved and accordingly you can go there for handing over, collecting dues etc. When you write to the company about settling your dues, they will certainly respond. On the basis of that communication you can do the clearance etc. If in reply to your letter asking for full and final settlement, they send any communication demanding something from you or threaten you, that can be sent to the concerned Labour Department. Therefore, write a letter to the company stating that you have resigned and are waiting for clearance.
Madhu.T.K
17th January 2014 From India, Kannur
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