I am working in a manufacturing company as HR and due to market conditions, company was not able to pay salaries on time. They have recently cleared workmen wages for the month of june and july 2014. August month salary is still pending for them. As usual staff will be getting salary after their salaries are credited. which means, we have still not got salary for July and August. Now i have got a job offer in a good company and wanted to put resignation. But i wanted to serve only 15 days notice. As i will not get salary for minimum 2 months. Aug and sep. some of my colleagues are advising me to put resignation after i get July salary. But i dont want to delay it, as i wanted to serve some notice period to allow my management to find someone for my replacement.

In this situation, can my management refuse to give me relieving order and service letter? i am not going to ask them for august and september salary. They have option to adjust my remaining 15 days salary and available EL which needed to be paid in final settlement. But i feel that they will refuse to give me service certificate.

At the end, i want my relieving needed to be smoother and i dont want to spend (waste) more than 15 days in this company. Can anyone advice me how to proceed with this?

From India, Chennai
Dear Anonymous,

The details posted by you reveal that the company, you are working in, is facing financial problems due to delayed receipts from debtors. Your post further reveals that the Company has paid arrears of wages to workers for the months of June and July 2014, which indicates that the Company does not intend to withhold the wages and salary. It further gives an inference that the Company does not intend to downsize or close the business as you have not written that the Company has issued any circular/notice of retrenchment of employees.

Now coming to your point that you have got a job offer from another company and you want to give15 days notice to maintain good relations with the Company. The period of notice will be governed by the terms and conditions of your appointment letter/service rules of the Company. I will advise you to speak to your Management and explain your position. You can request for waiver of the notice period and adjust the salary of short notice period from the arrears of salary payable to you. I am hopeful that the Management would be kind to listen to you and offer you a solution.


Srivastava C.M. Lal

From India, New Delhi
Your query is well answered by Shri. Srivatsava our learning contributing manager very clearly. In the interest of both employee and employer the problems should be solved amicably by sitting across the table. As you stated that your company is not having financial sound and delaying the disbursement of salary. You can submit your resignation letter to the management and request for early relieving by giving notice period. Don't express that you are ready to leave the salary for two months. Management may kind enough to consider your request favourably and relieve you. I hope that your personal request may yield your problem.
Wish you all the best
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant

From India, Bidar
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