Facing Salary Withholding and Threats: How Can I Safely Resign and Recover My Pay?

Dear Experts,

My company is not paying salaries on time, and they are withholding two months' worth of salary. As a result, I have decided to leave the organization and have explained my financial situation due to being in a rented home. However, they are unwilling to listen and are threatening me to stay and work; otherwise, they will issue a public notice claiming that I have absconded from the company with property and documents.

Seeking Advice on Salary Withholding and Resignation

What should I do regarding these issues, and how can I recover my pending salary? I have already submitted my resignation letter, but they have not accepted it. Please guide me on how to address this situation.

Regards,
Rajeshkumar

Handling Resignation and Threats from Employers

If you have submitted your resignation letter, you can consider leaving without worrying about the threats that the company will issue public notices. In fact, no company will do this because it is the employee who should decide whether to work for the company or not, and nobody can force any employee to work for them. Forcing an employee to work for an employer, especially when the salary is not paid on time, is akin to bonded labor.

Regarding the possibility of the company filing a lawsuit against you, I would like to ask on what grounds they are planning to do so. Absconding is not a valid charge here because you have already communicated your unwillingness to work there. You have expressed your unwillingness to your friends and through this forum (which also serves as evidence). Due to these reasons, charges of absconding will not hold. Additionally, for one to be declared absconding, the company should send letters to your address. If they do, you should reply to the letter and narrate the whole story. You had decided to resign as you were not paid salary, and since the company did not relieve you, you ceased coming to the office. This cannot be termed as absconding. Send the reply by registered post, and mark a copy of the letter to the District Labour Officer with a request to intervene. Once your letter has a copy marked to the DLO, the story concludes. The company officials are unlikely to pursue it further or may even settle your dues.

Dealing with Employer Threats During Economic Downturns

For any establishment, there can be a depression. During a depression, the employer should take the employees into confidence. In such scenarios, the employees will assist the employer as much as possible. However, resorting to threats is unfair. I always advise that you should stand up against any unfair treatment.

Regards,
Madhu.T.K

Thank you for the information. I have submitted my resignation to the GM and have a copy of the letter that was forwarded to the chairman by the GM. I also sent an email regarding my resignation, explaining my financial problems. However, I have not received any response to the email, so I have decided not to go to the company. Could you please clarify whether I need to go to the company to obtain clearance from them, or if the documents I have are sufficient?

Regards,
Rajeshkumar

Handling Exit Formalities and Salary Settlement

Normally, an employee is expected to get clearance by presenting personally for exit formalities. This being a special issue, you can ask for the date on which you will be relieved and accordingly go there for handing over, collecting dues, etc. When you write to the company about settling your dues, they will certainly respond. Based on that communication, you can proceed with the clearance, etc.

If, in reply to your letter asking for full and final settlement, they send any communication demanding something from you or threaten you, that can be sent to the concerned Labor Department. Therefore, write a letter to the company stating that you have resigned and are waiting for clearance.

Regards,
Madhu.T.K