Stuck Without Pay: Do I Really Need to Serve My Notice Period? Seeking Advice

Hi All, I am working for a company where I have not received the last 2 months' salary. Luckily, I got one more job and want to join as soon as possible. However, my current manager wants me to serve the notice period as per the company rules. Is it really necessary to serve the notice period without pay? Please help me out; I am in great need of suggestions.

Regards, Ronit

How long did you work in this company? Also, please note that serving the notice period and non-payment of salary dues aren't really linked—though it's understandable that you get this idea. However, what you need to clearly figure out is whether the salary will be paid for the notice period or not and when you would be paid the 2 months' salaries. I think your decision to serve the notice period (or not serve) should be based on these two factors alone, since at the end of the day, you deserve to get your salary dues for the period you worked.

And, frankly, you should have figured out this aspect before you made any commitment to the new company about joining. I suggest buying some more time with them so that you get sufficient time to handle this situation with your present company.

All the best.

Regards, TS

Hi Sateesh, thanks a ton for the reply. The thing is that I am not at all bothered about the pay as of now (neither for the time I have worked nor for the notice period). I have some other plans to fall back on as I am not the only person who has to receive payment; many other ex-employees are also yet to receive their pay. The most important thing is that I want an immediate release from this company so that I can join the new company, and my monthly pay will continue as usual.

I haven't seen anybody serving a notice period longer than 20 days, even though the official notice period is 2 months. It all depends on the manager. But now I have been asked to serve 1 month as there is a shortage of employees. I am also sure that they are not going to hire any new candidates even after 1 month due to a significant fund crisis.

Regards, Ronit

What are you actually looking forward to? If not pay, are you really keen on getting the experience/relieving letter? If yes, do figure out what policy your company has for the same.

Also, if your manager wants you to serve the notice, though not 30 days, try to be there as much as you can. After all, you never know when you might need your ex-employer's help. Relationship is the only key. But just before that, clarify the output with your manager—what will you gain/lose? From your post, I understand that your new employer is not in a hurry to get you on board, hence the decision is completely yours.

Regards.

Since the company has not paid you for the last two months, they have violated your terms of employment, and it no longer binds you to work there, even for a day more. Legally, you can walk off today.

Consider Completing a Proper Handover

That said, it is always better to complete a proper handover and get an experience certificate. Also, keeping a good relationship on separation means that any future background check will receive a good response.

Notice Period and Payment Issues

However, the company cannot force you to serve a notice period when they have not even paid you. You can always explain to your new employer that you left because they were not paying your salary.