Do I need to serve notice period Do I need to serve notice period

9 months ago

My company is not paying salary. So I decided to resign. Do i need to serve the notice period also in this senario?

Legal Counsel Vidhikarya

Responded 9 months ago

View All Answers
A.Dear Client,
If your contract of employment/or offer letter specifies a condition that you have to serve a notice period whenever you tender resignation and you tender resignation following the terms of the contract of employment, then on the expiry of the notice period, the employer is duty-bound to disburse your F & F Settlement dues and issue letter or experience certificate. Withholding of salary for no valid reason amounted to unfair labour practice on the part of Employer. On denial of your written appeal by the employer or for inordinate delay in disbursement of dues, you need to file a complaint before the concerned Labour Commissioner for redressal of your grievance failing which you are required to file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming entire dues from the employer. In case, you need any assistance in this regard you may contact our legal team along with all the relevant papers.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

View All Answers
A.Dear client,
First serve the company legal notice to pay your salary as it cannot be held by the company illegally.
If the company is not ready to pay the amount during the notice period then resign and specifically mention this in your notice that you are resigning as the company has illegally withheld the salary, violated the terms of employment and it is difficult for you to meet the basic needs
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconNeed help in securing my stake that was promised verbally
Dear Client, Verbal promises or commitments as to a 4% stake in the company do not constitute a valid agreement. So, in absence of a contract on the subject, you can't sue or take any action against t...
question iconSeeking Legal Advice Regarding Employment Issue
Dear Client, Usually, PSUs enter into agreements with outsourcing agencies that provide manpower for a particular project or for general day-to-day work in a particular department. PSUs go for outsour...
question iconAccountant in a production house
Dear Client, The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
question iconNot paid the April month salary
Dear Client, In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
question iconSalary deduction for not serving notice period
Dear Client, It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...