Facing Salary Delays and Contract Pressure: Should I Abscond or Stay? Seeking Advice on Next Steps

I am working in a small firm based in Mumbai for the last 1.9 years. Recently, for the last 4 months, we have been receiving our salary after 15-20 days. Last month, they provided only half of the salary, and the other half is on hold without any reason. Many people are resigning from the company, and as a result, they have introduced a Bond/Contract to restrict employees to one team in the company, while others are not required to sign the Bond/Contract. I do not wish to sign either the Bond or the Contract, so I have started looking for a new job. I have already submitted my resignation to the current company, and they have accepted it. According to our appointment letter, the notice period is 2 months.

However, the company is now pressuring me to serve for 3 months and to train my replacement, which is not a fixed date but a tentative one. They are also threatening to withhold my relieving letter, experience letter, and all dues. They are holding my salary for the month of March and demanding that I sign the bond or continue to work until a replacement is found, or else they will not release my salary.

I prefer not to engage in legal proceedings or complaints. My plan is to serve for 1 month and then abscond from the company to join another organization. Since they are currently withholding two months' salary, I believe it should cover the buyout for the 1-month notice period.

I seek advice on what steps I should take now. Should I serve for 1 month and then abscond? If I do abscond, could I face any legal consequences? I have saved all the threatening emails from the HR department on my personal email account. Would these emails be adequate to handle any legal actions the company might take after my departure?

Hi,

I would suggest you serve a 2-month notice period as per your appointment terms and then request your employer for your salary and proper relieving. Absconding from duty after giving only one month's notice may be viewed by your employer as a violation of the terms and conditions outlined in your appointment order, which were mutually agreed upon by you and your employer. I recommend aiming for a smooth separation process.

Please let me know if you need further assistance.

@Vmlakshminarayanan,

I am ready to serve 2 months and even ready to buy out my notice period. They said serve until we get replacement, train him, and then go. This might take a month or 3 months. They are threatening me on this. What should I do now?

Dear Friend,

Please write an email to management stating the notice period clause as mentioned in your appointment letter. Clearly mention that, as per the appointment letter clause, you will serve the notice period and request the release of your hold salary and dues on your last working day (mention date).

Keep sending reminders every 2nd day.

Dear Team,

The company does not have any right to hold your salary if you are in the notice period. I would appreciate it if you could correct me if I am wrong.

Mahesh