Salary Not Paid For Last 3 Months, Shall I Serve Notice Period? - CiteHR
Ravi5554
Asst.manager -hr
Riteshmaity
Labour Law Advocate
Rajmanda
Technical Consultant
+1 Other

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We have not been paid since January 2017 and when we resigned our employer wants us to serve two months notice period. We don't have any money to give rent hence we can't stay in bangalore anymore and we can't serve the notice period. We have communicated this to our employer but he is saying he will not give us our experience letter of 1 year and relieving letter. We work in IT industry.
We would like to know our rights and what can we do in this situation. The way I see this, its turning into a slavery where we are not being paid for months and still we are asked to work. I am sure our constitution must have given us rights to tackle these situation. I would be really thankful if you can enlighten us with our rights.
Thanks and Regards
Nitin Jaiman
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Nitin,
Constitution has given so many things whereas in reality nothing you and I can do. Justice in this country is as good as denied. If you are a group of employees do Dharna before your office and attract media attention, that's the only way you will get a chance to recover your dues.
Use Social Media as much as you guys can and get the online sympathy!
Hi Nitin, Just inform your employer to talk with me, your matter will resolve. 09623665566
First, salary is supposed to be paid within 7th to 10th of each month depending on the nature and strength of the company. Any delay thereof is illegal and attracts penalty and interest. No employer can deny payment of salary.

Secondly, regarding the notice period, it depends on the notice period as mentioned in the offer/ appointment letter and both parties are required to serve it. But in your case it is complicated that the employer is not paying salary which is creating hindrances in your survival in the Bangalore apart from serving the notice period.Try to solve this amicably using your personal skills if you wish to get the experience letter peacefully.

From the legal point of view, since you are in IT field, I assume that your company is covered under the Shops & Establishment Act. In case of non-payment/ delay in payment of salary, you may approach the labour office and file a case against the employer to recover the outstanding salary. Use this as a last resort, since going legal will only aggravate the situation and you may find difficulty in obtaining experience certificate which you are looking for.
i worked in a company where they used to pay 40%of my salary through cheque and 50%in cash..initially they always use to delay my salary like i never got in before 25 th of the next month..after demonatisation they stopped giving me my salary by understanding the situation i didnt asked them for my november salary till january 10 but after when i asked them they use to make fake promises then finally after asking continuously and not getting it till end of january i decided to leave the place by the first week of february..and till now they are making fake promises and not giving my salary and making fun of me and i am literally tortured as i joined this company only because the boss approached me a lot and was continuously after me from one more then one month so i thought to change my previous job and come here.i cannot go legal as i dint have any proff as in salary slip or something they owe me around three months of my salary.till february i got the cheque amount credited in my account as they use to delay my salary by not paying it one time...what to do i am very much tortured kindly help me with this
You should contact to labour office or police, this will be shorted out
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