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Anonymous
Hello all, I just wanted to check if a company can force me to serve a notice period or offer a settlement on notice if I plan to leave in a scenario where they have not paid me for four straight months. Are there any legal implications for the company or anything I can enforce? Please suggest.

Thanks in advance.

Regards,
Amber

From India, Khopoli
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How did you submit your resignation and what have you mentioned in it? Serving a notice period followed by a history of non-payment of salary is beyond question!

Assuming that the company hasn't paid you for the last 4 months due to low revenue, you should write to them mentioning the pending salaries. Please send this as a registered letter, clearly stating that no response from them on the disbursal of the salary for the next 3 working days would lead to you not reporting to the office any further.

You are free to contact the Labour Commissioner's office in your city before you leave. Write to him about the non-payment of the salary. He would take it further from there.

Please make sure that you draft the communication with them very well. If you are willing, you may share it with us.

Wish you all the best!

From India, Mumbai
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Anonymous
Thanks for your suggestions. I have not resigned yet, but I am planning to, although I don't wish to lose the pay (as it is a significant amount). I have emailed the concerned authority about this time and again, but all I get in response are dates. In fact, I had a face-to-face discussion with the concerned authority on this matter and further emailed them as well. Despite this, all I receive are commitments to dates that are never met.

Writing to the Labour Commissioner

Writing to the Labour Commissioner seems like a fair idea. I will draft the letter and share it here for further suggestions.

Thanks again.

Regards, Amber

From India, Khopoli
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