Resigned Without Notice: Can I Claim My Unpaid Salary and Benefits from a Difficult Employer?

I worked in an Export House as an Accountant. Due to misbehavior of management, I resigned from my position without serving any notice period. The management kept my 12 days' salary, bonus, and earned leaves. Now the question is, can I demand my claim or not? However, this organization never paid their previous employees' dues when they left. Maximum employees left this company due to the misbehavior of the directors.

I worked in an Export House as an Accountant. Due to the misbehavior of management, I resigned from my position without serving any notice period. This is against the appointment terms if you did so. The management kept my 12 days' salary, bonus, and earned leaves. Now, the question is, should I demand my claim or not? If the notice period clause is included in your appointment letter as per company policy, then they are legally authorized to do so. However, this organization never paid their previous employees' dues when the employees left. Most employees left this company due to the misbehavior of directors. If you fulfill all employment-related terms, conditions, and clauses, then they cannot hold your monetary dues legally.

Section 13 of the UP Shop & Establishment Act 1962 mandates that when the employer terminates the service of an employee, the remuneration for unavailed leave and the unpaid wages are payable within the next two days of termination of service. As you have not been paid so far, make a claim before the local Labor Inspector, and you could be hopeful of receiving the payment.

Termination of Service and Withholding of Salary

Please note that the termination of service is not by the employer but by resigning without notice. Apparently, the querist has quit the job without complying with the terms of his appointment letter. However, is management justified in withholding 12 days' salary, bonus, and leave salary, the sum of which could be more than the notice pay amount?

On this ground and on the basis of alleged misbehavior of the management, you could approach the office of the Labour Commissioner for remedy under the ID Act.

Regards, Vinayak Nagarkar HR Consultant

You registered a case under the Payment of Wages Act for the period management did not pay you even though it was due. Let the case be instituted; subsequently, you can claim the amount due for others following your abandonment of services without notice.