Facing Unpaid Salaries and Immediate Resignation: Can My Employer Legally Hold Me Back?

Dear HR friends, please help. I am working with a company that has not paid me and many others for the last 6 months. They are paying us very small amounts every month. Actually, the company itself is in crisis, but due to all this, my more than six months' salary has been held up in the company. Now, I want to resign, but the company wants me to give 1 month's notice. I don't have the option of giving them notice because I would miss the next opportunity, which is to join tomorrow. Therefore, I would give them an immediate resignation without any notice period mentioned in it.

Legal Concerns and Immediate Resignation

Can they harm me legally or otherwise? The seniors, in fact, the whole lot of them, keep on shouting this to everybody who resigns, and then people, in fear, give notice period or even don't resign. But I can't give the notice as mentioned above. So, can they hold my dues and relieving letter, etc., if I don't serve notice? They are those negative types, which I understood late. Please advise.

Regards, Rajkumar

In a precarious employment situation like the one you have narrated, no one can give you better advice than yourself. To those who choose to spend their time and energy for the benefit of someone else subject to his constant control and meticulous supervision, employment is nothing more than a means of living. As a matter of expediency, sometimes legal obligations like the issue of sufficient and prior notice of exit get diluted in the absence of mutual performance on the part of the other. Any employer who miserably and continuously fails to pay his employees for the work they have already done has no locus standi to complain about the non-observance of legal formalities in the extreme situation of unilateral separation opted by his employees on account of his failure. If unconditional alternative employment is ready and you are still more obsessed with legal formalities, submit the notice of resignation requesting to adjust the notice pay, if any, from the pending amounts due to you along with your resignation.

Regards

Legal Rights and Immediate Resignation

Since your employer has not paid you your due salaries even for the second month, your employer has lost all legal rights against his employee to be imposed. Do not wait for any legal formalities and join your next offer immediately. Serve a notice on your present employer to settle all your dues without a notice period from either side. On the contrary, you need to claim the notice period from your employer with all other benefits. If he does not pay, approach with a written complaint to the Assistant Labour Commissioner of the area of your employer to redress your grievances. Best of luck with your new assignment!

Regards

The reality in India is that for an employee with a salary above Rs 18,000/- per month, there is not much legal remedy to claim and get unpaid or underpaid salary.

Varghese Mathew
08547139493

At the Labour Commissioner's office, there is no wage ceiling for conciliation matters. However, individuals have recourse to the Civil and Criminal Courts in India. While this process may take time, those seeking justice must adhere to the procedures of the Indian judicial system.

Mr. Pankaj,

The conciliation officer can only take up industrial disputes. Non-payment of wages is considered an individual dispute, which can be converted into an industrial dispute only if it is supported by a substantial number of workmen or a trade union in the industry. A labor officer can address it if they have authority under the Payment of Wages (POW) or Minimum Wages (MW) Acts and if the employee is covered under the Act.

Varghese Mathew
08547139493