Can My Company Make Me Serve a 3-Month Notice Without Pay? Seeking Legal Advice

Hi Friends,

My company has not been paying salaries on time for the past year. Currently, we have yet to receive salaries starting from December; i.e., on the 1st of March '10, our dues will be for three months. Additionally, traveling reimbursements are also pending. Due to these circumstances, employees are leaving one after the other. We are required to give a notice period of 3 months.

Now, my question is, under these circumstances, can the company force me to come to the office for another 3 months (notice period) without payment, or do they have to release me immediately if I request it? Can they legally deduct money from my dues due to a shortfall in the notice period?

Please assist me at your earliest convenience.

Regards,
Srishtee

How can you survive when you are not paid from December 2009? How can you work in a company where you are getting paid?

I hope you have understood what I mean to say. All the best!

As the notice period is 3 months and salary is not paid for 3 months, you can give a formal notice, collect all your documents, and leave. Don't forget to collect documents such as the experience certificate, etc.

Check your appointment letter and see what the conditions are for leaving. Most probably, it should mention payment in lieu of the notice period. If so, give a few days' notice and for the remaining period, ask the company to adjust against the dues payable to you.

Dear,

Both things are different, and you should not club them together. If they have not paid salary for the last three months, you can claim the same. As per the terms and conditions of the appointment letter, you have to serve notice.

I disagree with malikjs. How can a person survive without getting paid? Does it mean that the persons who already left were not asked for the claim? It's illegal to hold a person's salary without any valid reason.

Dear Srishtee, if the salary for the month of February is also not getting paid, you could ask for the claim. It is ridiculous to make the employees spend from their own pockets for company expenses without reimbursement or paying salary. Even if they have a policy on the notification period, they can't take any legal action against you. You could give a short notice period and leave. If they take any legal action, you can defend it and request the claim.

All the best.

Dear Srishtee,

Basically, there are two issues that you are facing:

1. You are not getting the salary on time.
2. The notice period is three months, so if you want to leave, can you leave now?

First of all, since they have not paid the salary for the last three months or they are not paying the salary on time, in this context, you can ask the employer for the release of the salary as early as possible, or the salary can be disbursed by the 10th of the following month.

Regarding the notice period, if it is three months, then you can inform them about your date of leaving, but that does not mean they can hold the salary for three months and you can leave without salary. These are two different questions.

Ask the employer to release the salary as per the rules and regulations by the 10th of the following month.

If you want to leave the organization, inform them well in advance and leave the organization upon completion of the Full and Final settlement.

Regards,
Pranab