The one month notice mentioned in Section 25-F is one of the conditions precedent to retrenchment of workmen in general.
The three months ' notice under section 25-N is one of the conditions precedent to retrenchment of workmen employed in any industrial establishment to which Chapter V-B of the Industrial Disputes Act, 1947 is applicable i.e., which has a strength of not less than 100 on average during the preceding 12 months.
5th September 2018 From India, Salem
Sir my company partially paid my salary of the August 2018 on 10th sept 2018
After that incident, i tried to contact them over the phone but they haven't replied. Then i have mailed them with the all details of that salary transaction to notify the fact.
But haven't received the any reply
after waiting for 7 days i wrote them second mail
on 18th sept 2018
Neither they gave me the rest of salary nor the reply
under this circumstances, i mail them my resignation letter on 27th Sept and clearly mention there that i have taken this action due to the nonpayment issue.
Sir my question is can they force me for any notice period
and how can i get my relieving letter from them.
3rd October 2018 From India, Kolkata
You may very well treat this as my reply to your private message to me also.
Normally employers won't delay the disbursement of salaries to their employees. Still such unfortunate practice happens means that the Company is in some financial problems. Certainly it would be a breach of the contract of employment on the part of the employer that can not be countenanced by the employee either on and off or indefinitely. No doubt that the inevitable retaliation on the part of the employee to terminate the contract of employment by means of immediate resignation on this score can lend some contextual justification.
But, in my opinion, the conventional belittlement of an individual employee in practice would require some degree of caution when he unilaterally terminates the employment contract without complying with the notice conditions of exit for the simple reason, after all, if he is going to get reemployed elsewhere. All employers are alike towards sensitive employees. Your present employer despite his own non-compliance may stick to the legal stand and refuse to relieve you formally as there is non-compliance of notice condition before your resignation and it can be a negative feed back in the BGV of your future employment.
My suggestion , therefore, would be to handle the situation tactfully without making a dent in your future employability. First, withdraw your resignation submitted earlier and request your employer to expedite payment of your pending salary. If it is done immediately, that is fine. Still, you can implement the decision of resignation in any of the following ways:
a) Submitting your resignation effective from a future date with due compliance of notice conditions, if your salary disbursement becomes timely.
b) If not, you can resign with a specific mention that the unpaid salary may be adjusted against notice salary payable by you and working till the expiry of notice period.
3rd October 2018 From India, Salem
It's open for him to decide what suits him in the circumstances -
I doubt his appointment letter (the contract agreement here) would contain a termination clause, in this case his resignation. In any case 'one month of notice' on either side is reasonable. He has not indicated whether only he was short paid/unpaid or everyone in the co. was paid/unpaid like this. If it is for everyone, he may have a case for himself. And what are the pluses in continuing the service with them ? How many years already served, what are his prospects outside ? Few suggestions, if prudent, may be considered -
1.He may, instead of withdrawing the resignation, issue another letter stating, non-payment/short payment being a breach, his resignation may be treated as due notice without prejudice to his rights in order to fulfilling the obligation of notice period if at all he wish to press for a resignation;
2.I hope, he still not received any communication on his resignation countering the action and therefore, the notice period has started ticking;
3. In order to sail smoothly, he should talk to his HoD/HR to ascertain the facts and to explain the circumstances (I believe he is otherwise satisfied in this co.) based on which he may decide on the next course of action;
4. If he has already an offer outside and when these fails and reached no return situation he should send a legal notice to secure his position.
4th October 2018 From India, Bangalore