Labour Law & Hr Consultant
Ui Developer

Thread Started by #tarunK2018

I had joined my company as permanent post with proper appointment letter and with all formalities done. It was clearly mentioned in my appointment letter that i have to serve 2 month notice period, if i give resignation to company. Company commit on the time of joining that you get your salary on date 7th of every month, but they get always delayed by 2-3 months. I am a low salaried person, its was getting very hard to survive. My family is also dependent upon me. How, can i survive 2-3 months without salary. That's why i have decided to quit my job without serving notice period. Because company has a bad past with x-employees. They never did FNF of any of the x-employees.
Now, after so much thinking i have given resignation to company with mentioning that company is not paying salary on time, my financial condition is not good, its very hard to survive so i can't continue. I want release with immediate effect. But they are not accepting my resignation letter. What i do?
Is there any legal process against employer not paying salary on time.
25th May 2018 From India, Delhi
Dear Tarun,
Regarding non-payment of salary, if your gross monthly salary is not more than Rs.24000-00, you can file a claim u/s 15(1) of the Payment of Wages Act,1936 directly or through any Trade Union or the Inspector under the Act before the Authority who would normally the Deputy Labor Commissioner for the area where your establishment is situated.
Regarding your proposed resignation, the employer may try to adjust the unpaid salary towards notice pay. Even otherwise, you must serve the notice period if you can not pay the amount. In such a situation, the employer can not reject your resignation. My suggestion would be to get the unpaid salary first and only then submitting resignation. Alternatively, you submit your resignation with a Request to adjust the unpaid salary for two months towards notice salary and ask him to relieve you forth with.
26th May 2018 From India, Salem
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