How Can I Resign Without Notice When My Employer Delays Salary Payments? Seeking Legal Advice

Employment Agreement and Notice Period

I joined my company as a permanent employee with a proper appointment letter and all formalities completed. It was clearly mentioned in my appointment letter that I have to serve a 2-month notice period if I resign from the company. The company committed at the time of my joining that I would receive my salary on the 7th of every month, but they always delayed it by 2-3 months. Being a low-salaried individual, it became extremely difficult for me to survive as my family depends on me. How can I survive for 2-3 months without receiving my salary? That's why I have decided to resign from my job without serving the notice period, as the company has a history of mistreating former employees by not completing their Full and Final settlements.

Resignation and Immediate Release Request

After much consideration, I have submitted my resignation to the company, citing the delayed salary payments, my poor financial condition, and the hardship I am facing, making it impossible for me to continue. I have requested an immediate release. However, the company is not accepting my resignation letter. What should I do? Is there any legal recourse against an employer who does not pay salaries on time?

Non-Payment of Salary and Resignation

Regarding non-payment of salary, if your gross monthly salary is not more than Rs. 24,000.00, you can file a claim under Section 15(1) of the Payment of Wages Act, 1936, directly or through any Trade Union or the Inspector under the Act before the Authority, who would normally be the Deputy Labor Commissioner for the area where your establishment is situated.

Handling Proposed Resignation

Regarding your proposed resignation, the employer may try to adjust the unpaid salary towards the notice pay. Even otherwise, you must serve the notice period if you cannot pay the amount. In such a situation, the employer cannot reject your resignation. My suggestion would be to get the unpaid salary first and only then submit your resignation. Alternatively, you can submit your resignation with a request to adjust the unpaid salary for two months towards notice salary and ask him to relieve you forthwith.