Dear HR friends pls help...
i am working with a company which has not paid me and many more for the last 6 months they are paying us very small amounts every month. actually the company itself is in crisis but due to all this my more than six months salary has got held up in the company. Now i want to resign but the company wants me to give 1 month notice. i dont have the option of giving them notice coz i would miss the next opportunity which is join tomorrow type. so i would give them a as on date resignation without any notice period mentioned in it.
Can they harm me legally or otherwise coz the senior infact the whole lot of them keep on shouting this to everybody who resigns and then people in fear give notice period or even dont resign but i cant give the notice as mentioned above so can they hold my dues and relieving letter etc if i dont serve notice. they are those negative types which i understood late. Pls advice

From India, Lucknow
Dear Rajkumar,

In a precarious employment situation like the one you have narrated, no one can give you better advice than yourself. To those who choose to spend their time and energy for the benefit of someone else subject to his constant control and meticulous supervision, employment is nothing more than a means of living. As a matter of expediency, some times legal obligations like issue of sufficient and prior notice of exit get diluted in the absence of mutual performance on the part of the other.Any employer who miserably and continuously fails to pay his employees for the work they have already done has no locus-standi to complain about the non-observance of legal formalities in the extreme situation of unilateral separation opted by his employees on account of his failure. If unconditional alternative employment is ready and still you are more obsessed with legal formalities, submit the notice of resignation requesting to adjust the notice pay, if any from the pending amounts due to you along with your resignation.

From India, Salem
Dear Rajkumar,
Since your employer has not paid you your due salaries even for second month, your employer has lost his all legal rights against his employee to be imposed. Do not wait for any legal formalities and join you next offer immediately and serve a notice on your present employer to settle your all dues without notice period from either side, on the contrary you need to claim the notice period from your employer with all other benefits and if he does not pay, approach with written complaint to the Asstt. Labour Commissioner of area of your employer to redress your grievances. Best of luck to your new assignment!

From India, New Delhi
The reality in India is that for an employee with salary above Rs 18000/-pm there is not much legal remedy to claim and get unpaid or under paid salary . Varghese Mathew 08547139493
From India, Thiruvananthapuram
At Labour Commissioner's office there are no wage ceiling for conciliation matter, rest one has remedy in Civil & Criminal Court in India. It takes time but if one wants justice, he has to follow the path of judicial system in India.
From India, New Delhi
Mr Pankaj
Conciliation officer can take up only industrial dispute.Non payment of wages is only an individual dispute which can be converted in to an industrial dispute only if it is espoused by a substantial number of workmen or a trade union of the industry.Labour officer can take up it if he is an authority under POW or MW Acts and if the employee is covered under the Act
Varghese Mathew

From India, Thiruvananthapuram

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