Can I Break Bond If Company Is Not Paying Regularly

Hi,

I joined a software company in March 2014. The company asked for a training bond of 2 Lakhs INR for a period of 2 years. They have taken an undated check for the same. Currently, they have not been paying my salary on a regular basis for the last 3 months, and I have not received my salary for 2 months.

In this case, can I break the bond? Please advise.

Thanks

Dear Friend,

You are informing that you joined the service of the company in March 2014, and they have not been paying your salary for the last two months. This means that out of the seven months, you have only received five months' salary. It indicates that your company is either a newly started one or is incurring losses for one reason or another. It is the responsibility of an employer to make payments to their employees as per the provisions of the Payment of Wages Act and the rules made thereunder. If an employer fails to fulfill this basic responsibility, you need not worry about breaking the service agreement.

Under these circumstances, you have the following options:

1. Give a letter to your employer, asking them to pay your salary on time as per the procedure, or else you will leave the company's services.

2. If they claim it is not possible, then you can issue them a termination notice for the agreement due to their failure to pay the salary on time.

3. Search for another job and later give a notice of termination by specifying that due to their inability to pay the salary on time, you are compelled to quit the job at their company.

4. Ask them to permit you to resign on the above grounds and request them to return your undated cheque.

Firstly, you should request them to allow you to quit the job by resignation or give a termination notice as stated above.

Regards