Salary Not Paid For Last 3 Months, Shall I Serve Notice Period?

We have not been paid since January 2017, and when we resigned, our employer wants us to serve a two-month notice period. We don't have any money to pay rent, so we can't stay in Bangalore anymore, and we can't serve the notice period. We have communicated this to our employer, but he is saying he will not give us our experience letter of one year and relieving letter. We work in the IT industry.

We would like to know our rights and what we can do in this situation. The way I see this, it's turning into a situation where we are not being paid for months, yet we are being asked to work. I am sure our constitution must have given us rights to tackle these situations. I would be really thankful if you could enlighten us about our rights.

Thanks and Regards,

Nitin Jaiman

Nitin,

The Constitution has provided numerous rights, but in reality, there seems to be little that you and I can do. Justice in this country is often seemingly out of reach. If you are a group of employees, consider staging a Dharna outside your office to attract media attention - this may be the only way to have a chance at recovering your dues.

Utilize Social Media to its fullest extent and garner online sympathy!

Ensure there is a single line break between paragraphs.

Hi Nitin,

Just inform your employer to talk with me, and your matter will be resolved.

09623665566

First, salary is supposed to be paid within the 7th to 10th of each month, depending on the nature and strength of the company. Any delay thereof is illegal and attracts a penalty and interest. No employer can deny the payment of salary.

Secondly, regarding the notice period, it depends on the notice period as mentioned in the offer/appointment letter, and both parties are required to serve it. However, in your case, it is complicated that the employer is not paying salary, which is creating hindrances in your survival in Bangalore apart from serving the notice period. Try to solve this amicably using your personal skills if you wish to get the experience letter peacefully.

From a legal perspective, since you are in the IT field, I assume that your company is covered under the Shops & Establishment Act. In case of non-payment/delay in the payment of salary, you may approach the labor office and file a case against the employer to recover the outstanding salary. Use this as a last resort, as going legal will only aggravate the situation and you may find difficulty in obtaining the experience certificate that you are looking for.

I worked in a company where they used to pay 40% of my salary through a cheque and 50% in cash. Initially, they always used to delay my salary, like I never received it before the 25th of the next month. After demonetization, they stopped giving me my salary. Understanding the situation, I didn't ask for my November salary until January 10th. But when I asked them, they would make fake promises. Finally, after continuous requests and not receiving it until the end of January, I decided to leave the place by the first week of February.

Until now, they continue making fake promises and not paying my salary, making fun of me. I feel tortured as I only joined this company because the boss approached me persistently for over a month. Unable to take legal action as I don't have any proof like a salary slip, they owe me around three months of my salary. Until February, I received the cheque amount credited to my account, as they would delay my salary by not paying it on time.

I am very distressed. Please advise on how to handle this situation.

You should contact the labor office or the police; this will be sorted out.