Hi Friends,
My company is not paying the salary on time for the past one year. At present we are yet to receive the salaries starting from December, ie. on the 1st of March'10 our dues will be of three months. Apart from that travelling reimbursements are also due.
Under these circumstances, employees are leaving one after the other.
We have to give a notice period of 3 months.
Now my question is, under these circumstances, can the company force me to come to the office for another 3 months (notice period) without being paid or they have to release me immediately if I ask for it?
Can they legally deduct money from my dues on the ground of shortfall of notice period?
Please help me at the earliest.
Regards,
Srishtee
From India, New Delhi
My company is not paying the salary on time for the past one year. At present we are yet to receive the salaries starting from December, ie. on the 1st of March'10 our dues will be of three months. Apart from that travelling reimbursements are also due.
Under these circumstances, employees are leaving one after the other.
We have to give a notice period of 3 months.
Now my question is, under these circumstances, can the company force me to come to the office for another 3 months (notice period) without being paid or they have to release me immediately if I ask for it?
Can they legally deduct money from my dues on the ground of shortfall of notice period?
Please help me at the earliest.
Regards,
Srishtee
From India, New Delhi
How you can survive as you are not paid from December -09.
How you can work in a company where you are getting paid.
............... I hope you have understood what i mean to say ........... All the Best ......!!!
From India, Pune
46How you can work in a company where you are getting paid.
............... I hope you have understood what i mean to say ........... All the Best ......!!!
From India, Pune
As the notice period is 3 months and salary is not paid for 3 months, so you can give a formal notice and collect all your documents and leave.
Don't forget to collect the documents such as exp certificate etc.
From India, Hyderabad
Don't forget to collect the documents such as exp certificate etc.
From India, Hyderabad
Check your appointment letter and see what are the conditions for leaving it. Most probably, it should mention payment in lieu of notice period. If so, give few days notice and for the remaining period ask the Company to adjust against the dues payable to you.
From India, Chandigarh
From India, Chandigarh
dear
both things are different and you should not club them each other.if they have not paid salary for last three months you can claim for the same and as per term and condtion of appointment letter you have to serve notice.
From India, Delhi
both things are different and you should not club them each other.if they have not paid salary for last three months you can claim for the same and as per term and condtion of appointment letter you have to serve notice.
From India, Delhi
I disagree with malikjs. How a person could survive without getting paid. Did it mean that the persons already left were not asked for the claim. Its illegal to hold a persons salary without any valid reason.
Dear Srishtee, if the salary for the month of February also not getting paid, you could ask for the claim. It ridiculous to made the employees to spend from their own pocket for the company expenses, without reimburse or paying salary. Though they have any policy on notification period, they can't take any legal move against you. you could give a short notice period & leave. If they took any legal action you can defend it & request for the claim.
All the best.
From India, Madras
Dear Srishtee, if the salary for the month of February also not getting paid, you could ask for the claim. It ridiculous to made the employees to spend from their own pocket for the company expenses, without reimburse or paying salary. Though they have any policy on notification period, they can't take any legal move against you. you could give a short notice period & leave. If they took any legal action you can defend it & request for the claim.
All the best.
From India, Madras
Dear Srishtee,
Basically there are two issues that you are facing:
1. You are not getting salary in time.
2. Notice period is Three months, so if you want to leave can you leave now?
See Ist of all. as they have not paid the salary for last three months or they are not paying the salary in time, in this context you can ask the employer for the release of salary as early as possible, or the salary can be disburse by maximum 10 th of the following month.
Regarding notice period , if it is three months, then you can intimate them regarding your date of leaving, but that does not mean they can hold the salary for three months and you can leave without salary .
These are two two different question.
Ask the employer to release the salary as per the rules and regulation by 10th of the following month.
If you want to leave the organisation, intimate them well in advance, and leave the organisation on completion of Full and Final settlement.
Regards,
Pranab
From India, Mumbai
Basically there are two issues that you are facing:
1. You are not getting salary in time.
2. Notice period is Three months, so if you want to leave can you leave now?
See Ist of all. as they have not paid the salary for last three months or they are not paying the salary in time, in this context you can ask the employer for the release of salary as early as possible, or the salary can be disburse by maximum 10 th of the following month.
Regarding notice period , if it is three months, then you can intimate them regarding your date of leaving, but that does not mean they can hold the salary for three months and you can leave without salary .
These are two two different question.
Ask the employer to release the salary as per the rules and regulation by 10th of the following month.
If you want to leave the organisation, intimate them well in advance, and leave the organisation on completion of Full and Final settlement.
Regards,
Pranab
From India, Mumbai
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