My employer has not disbursed my salary for 2 months. I wish to resign and leave the organization. Will it be required for me to serve the entire notice period of 10 days, or can I ask for the salary to be adjusted in lieu of these 10 days from my FnF, which may not be paid for another 2-3 months?
I wish to understand the legal side. I have another offer in hand that requires me to join within a couple of days.
From India, Faridabad
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I wish to understand the legal side. I have another offer in hand that requires me to join within a couple of days.
From India, Faridabad
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Are you attending to routine duties? What ails your firm? Is it a cash crunch or are they trying to cut manpower? How about the salary for your colleagues? How long have you served this employer? Is it possible to negotiate for more joining time with your prospective employer? Why don't you have a frank talk with your HR/bosses about your predicament? The legal side can be addressed next.
From India, Bangalore
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1159From India, Bangalore
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Ok, sir. Do it at your convenience. The rest will be looked after by the Labor Department authority court as you have to approach later. Go and join the new company offer as you didn't receive your salary for 2 months.
From India, Nellore
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From India, Nellore
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Salary Issues and Full and Final Settlement (FNF)
I have been working for 2 months in the said company, which is currently going through a financial crisis. During my tenure, I have only received an advance cheque for the first 10 days despite my repeated requests to be paid at least 50% of the dues. The other employees are also facing issues with salaries being delayed up to 2-3 months or being paid in 20-30% advances.
I was absolutely regular until last week when I received an offer from another place and realized that salaries would not be paid in any case. Everyone in the company knows there is not much that can be done, including HR and my manager.
How to Proceed with FNF and Recover Dues
How should I proceed towards the FNF, and will I be able to recover my dues at all?
From India, Faridabad
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I have been working for 2 months in the said company, which is currently going through a financial crisis. During my tenure, I have only received an advance cheque for the first 10 days despite my repeated requests to be paid at least 50% of the dues. The other employees are also facing issues with salaries being delayed up to 2-3 months or being paid in 20-30% advances.
I was absolutely regular until last week when I received an offer from another place and realized that salaries would not be paid in any case. Everyone in the company knows there is not much that can be done, including HR and my manager.
How to Proceed with FNF and Recover Dues
How should I proceed towards the FNF, and will I be able to recover my dues at all?
From India, Faridabad
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Non-payment of salary for 2 months
Non-payment of salary for 2 months is not tolerable. It is better to issue a notice to your present employer, quoting this and your intentions of quitting. Also, mention that the unpaid salary may be adjusted against the notice period and clearly state that you are forced to issue "the notice of termination of your employment" due to the incapacity to pay salary as the cause. Ask them to relieve you within 7 or 15 days from this notice if not with immediate effect.
Ensure that before leaving, you should get an authenticated "handing over & taking over report" and a "No due certificate" from the HR or your Head of Department, as well as a "relieving letter" before joining another company. Make sure that the new company is well informed of this development. Presumably, your "relieving letter" might be delayed, so be prepared for this.
From India, Bangalore
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Non-payment of salary for 2 months is not tolerable. It is better to issue a notice to your present employer, quoting this and your intentions of quitting. Also, mention that the unpaid salary may be adjusted against the notice period and clearly state that you are forced to issue "the notice of termination of your employment" due to the incapacity to pay salary as the cause. Ask them to relieve you within 7 or 15 days from this notice if not with immediate effect.
Ensure that before leaving, you should get an authenticated "handing over & taking over report" and a "No due certificate" from the HR or your Head of Department, as well as a "relieving letter" before joining another company. Make sure that the new company is well informed of this development. Presumably, your "relieving letter" might be delayed, so be prepared for this.
From India, Bangalore
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