Salary Issues and Employment Contract Dilemma
I am working as a Lecturer at a university. However, since March 2020, the organization has only been paying 30% of my salary, which is also irregular, usually after 25-28 days. Even for the month of March, before the lockdown, when I worked the entire month, I only received partial payment; the employer claims they are facing financial constraints.
With this reduced salary, I am struggling to meet my family's needs. I have found another promising opportunity. The issue is that my employment contract states a 3-month notice period or payment of 3 months' salary in lieu of notice.
Obligation to Serve Notice Period
I am unsure whether I am obligated to serve the notice period given the employer's failure to provide full salary for the past months and their indication of delayed payments for the next few months.
Disciplinary Inquiry and Resignation Restrictions
Additionally, when I inquired directly about my salaries, the employer accused me of indiscipline. They have initiated an internal disciplinary inquiry against me and stated that I must remain associated with them until the inquiry concludes. During this period, I will not receive payment and cannot resign.
I seek your advice on the best course of action in this situation.
Thank you.
From India, Delhi
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I am working as a Lecturer at a university. However, since March 2020, the organization has only been paying 30% of my salary, which is also irregular, usually after 25-28 days. Even for the month of March, before the lockdown, when I worked the entire month, I only received partial payment; the employer claims they are facing financial constraints.
With this reduced salary, I am struggling to meet my family's needs. I have found another promising opportunity. The issue is that my employment contract states a 3-month notice period or payment of 3 months' salary in lieu of notice.
Obligation to Serve Notice Period
I am unsure whether I am obligated to serve the notice period given the employer's failure to provide full salary for the past months and their indication of delayed payments for the next few months.
Disciplinary Inquiry and Resignation Restrictions
Additionally, when I inquired directly about my salaries, the employer accused me of indiscipline. They have initiated an internal disciplinary inquiry against me and stated that I must remain associated with them until the inquiry concludes. During this period, I will not receive payment and cannot resign.
I seek your advice on the best course of action in this situation.
Thank you.
From India, Delhi
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Dear Gaurav, the problem is that the teaching staff is not covered under the labor laws. Therefore, you do not have a legal remedy under the provisions of the existing labor laws. I recommend settling the matter amicably. By raising the bogey of indiscipline against you, your employer has made their intention clear. Now their bargaining power is high. I recommend forgoing even that 30% salary for the current month and asking for an unblemished relieving letter.
Put up a letter of apology. There is no point in fighting with the employer at this stage. Therefore, compromise is the only solution.
Thanks,
Dinesh Divekar
From India, Bangalore
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8072Put up a letter of apology. There is no point in fighting with the employer at this stage. Therefore, compromise is the only solution.
Thanks,
Dinesh Divekar
From India, Bangalore
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Thank you for providing guidance on the matter. I have one more point to discuss. I joined in the month of November 2017, and to complete the compliance requirements, my employer reported a date three months earlier, i.e., for July 2017. However, at that time, I was working with my previous employer. This seems to be a tactic by my current employer to fulfill compliance. Will this information work in my favor to some extent during negotiations?
From India, Delhi
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From India, Delhi
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You have a strong case to expose the employer. Yes, you can do this discreetly and get yourself relieved from service, provided you have enough proof or evidence to establish your case and the conviction to face the possible onslaught of your employer, who may be prone to act against you. Please think it over and act.
Wish you all success,
Regards, Panchsne
From India, Chennai
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Wish you all success,
Regards, Panchsne
From India, Chennai
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Some important Employment and labour law notifications during Covid 19 lockdown - consolidated b.pdf