Hi Sir,
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.
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.
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
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.
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.
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
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 ask 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
8030The 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 ask 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
Dear Divekar,
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
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
You have a strong case to expose the employer. Yes, you can do this discreetly and get yourself relieved from service, provided you must have enough proof/evidence to establish your case and have the conviction to face against the possible onslaught of your employer who may be prone to do so. Please think over and act.
Wish you all success,
Panchsne
P. Senthilkumar
9884009193
From India, Chennai
Wish you all success,
Panchsne
P. Senthilkumar
9884009193
From India, Chennai
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