Facing Termination Without Pay: How Should I Handle My Pending Salary Issue?

I have been working in this organization for the past 1 year and 2 months. Now they are asking me to resign. My 1-1/2 months' salary is pending with the organization. They are denying to clear that, so I have denied to resign. Now they are threatening to terminate me. What should I do? Because there are no full and final settlements they are paying. Please revert as soon as possible.

Thanks,
Pankaj

First of all, you have to show willingness to resign subject to payment of your legal dues. Termination will be considered as a stigma on your future career. The second option is that you may fight it in a court of law, which is time-consuming and a waste of money. Try to settle amicably.

Ravindra Watve

Dear Friend,

Please look in your appointment letter for the conditions of termination. If they terminate you without following the same, then give a legal notice to the company. Even though the litigation may be time-consuming, file the case if the company does not reply. The company will come up with some settlement after receiving the Court summons.

Regards

Hi HR professionals,

This is Prathap, working as an HR Executive. I need your valuable assistance to send an email to employees to declare a public holiday.

Thank you.

Please find a job quickly and get out. Then you can fight for your dues from the company. It does not seem to be a good organization to stick around.

Dear Mr. Pankaj,

You have not provided full details. What is your role, responsibility, designation, and the type of organization you are working in? I feel that you should discuss with them, saying that once they clear all your dues, then you will submit your resignation. The termination part will affect your career.

You can also submit your resignation and be relieved. If they have not cleared your dues as part of the final settlement, you can submit an application to the Labor department or send a legal notice. They are bound to pay and obtain clearance from you as they have to submit the clearance proof to court or statutory authorities. Before coming out of the organization, you should carry all proofs (copy of the attendance register, entry and exit register, ESI card, copy of your ID card, etc.) related to proof of your working in the organization for the said period. You should even obtain an acknowledgment for your resignation. All of the above needs to be done very carefully.

Best regards,
Kameswarao

Now, the market is very turbulent. That's the reason you are facing this problem. Instead of being terminated, you should resign by submitting your papers and then fight in the labor tribunal. Keep all the proofs related to your job with you and fight for your rights. Look for a new job, and before accepting an offer, make sure to clarify all the issues regarding salary, notice period, etc.

Hi Pankaj,

Please find out the reasons and look into your terms and conditions with your company to resolve it amicably. You can accomplish this.

Regards,
Chandra

Dear Pankaj,

What Joseph said is absolutely right. Yes, you should find a job as soon as possible first of all. Because you need support to fight with the organization legally.

So, dear friend, find a job somehow.

Thanks,
Rafi-Warangal

Hi Pankaj,

Resignation is a better way to go than being terminated. But try to get your dues before you go.

Best regards,
Ajay

Dear Pankaj,
First of all pls go through terms and conditions about termination policies of the company. afterwards, ask them to release your salary of 1½ months. If the still denied, then you can go for legal step.
Rgds

Dear Friend,

To advise you on what needs to be done, certain issues must be understood by the fellow members. No one can provide vague advice without knowing the facts that led the management to request your resignation in this specific case.

Everyone is aware that the employment of any worker should be governed according to the terms and conditions stated in the appointment letter. If either the management or the employee violates any of these terms, the other party can seek remedies through legal processes.

In your situation, you have not specified the capacity in which you are working. If you are in a managerial position, the termination remedies available for workers under the Industrial Disputes Act, 1947, may not apply to you. As a managerial employee, your management is required to provide you with one month's notice or payment in lieu of notice as per the appointment letter. If such provisions are absent, they must give reasons for the proposed termination and proceed only after receiving and assessing your response.

You mentioned that the management has not paid your salary for one and a half months. In this case, you can file an application with the labor department, which has the authority to address such matters. The management cannot condition your dues on resigning.

Generally, management does not terminate an employee's services unless they have lost confidence in them or due to unfavorable economic conditions. However, in your case, it is unclear why the management is asking you to resign. Have they made any allegations against you? Have you committed any misconduct? If you have not acted against the employer's interests and have not engaged in any misconduct, and the management is asking you to resign without cause, it is unfair. In such a situation, you can approach the HR executive or MD to resolve the issue amicably or inform them that you will seek legal action to obtain your dues.

Before seeking advice from others, provide a brief overview of your situation. Otherwise, it is akin to treating a patient without diagnosing the disease.

NVRao
Hyderabad