90 days notice period without making salary on time
Sujay Chaudhari
(Querist) 02 August 2013
This query is : Resolved
Dear Experts,
I am working in a IT company.
I am depressed due to the salary discontinuity made by my organisation.
The company is not giving salary on time since from 1 year.
Sometimes the salary get after 2 months as well.
In my offer letter we have 90 days notice period.
Now due to the salary issues, I want to resign from the company.
But the problem is when I will put my resignation the company will surely not pay me salary on time or even they will delay it.
I have family responcibitity. I want to leave this organisation as earliest.
Do I have to serve all the notice period even delayed salary?
Please suggest what labour law states for such a scenarios.
Kumar Doab
(Expert) 02 August 2013
You are in which state?
The HO/redg. office of the company is in which state?
You may look into the pay day as stated in standing orders, appointment letter………………
The pay day is well defined in standing orders, Payment of Wages Act, Shops and establishments Act, Min. Wages Act……………
How would you establish that payment of salary was delayed each month?
As you are apprehensive about the payment of salary you may try and exercise whatever possible influence so that all pending wages are paid…………………….
The trade unions, Inspector under Payment of Wages Act (Applicable to all employees drawing wages as per def. of wages in the Act, up to Rs.18000/pm), Inspector under Shops and establishments Act of the state can be approached……………..
Some states e.g; Karnataka had extended blanket exemption to IT/ITeS from the provisions of Industrial Employment Standing Orders Act………………….
The state of Karnataka had ended the blanket exemption granted to IT/ITeS companies and all companies were directed to submit their draft standing orders by Dec12……………(till then Model Standing Orders should apply) for certification by Mar13.
If the employer is habitual of delay the payment of wages the employee(s) should also submit carefully worded gentle representations and cite financial crunch…………………..addressed to HR- Head, appointing authority, MD, CEO etc………………….
Later if required employee may cite the repeated, habitual delay as breach by employer and succeed to term employer as unworthy of being employed with and to claim that in such a situation notice/notice looses its sanctity and/or employer should waive it off.
However it almost sure that the employer shall strive to square off the dues by adjusting notice pay………………….and the matter can lead to a confrontation.
Therefore prepare your defense on record and in advance.
Valuable advice of learned experts is sought.
Rajendra K Goyal
(Expert) 03 August 2013
Well advised by the expert, Nothing more to advise.
Raj Kumar Makkad
(Expert) 04 August 2013
You should put your resignation with the request to clear the salary arrears and full and final clearance as per rules irrespective of its result because you cant pass your whole life in such scinario. If salary is not cleared then serve a legal notice followed by a civil suit.
Sujay Chaudhari
(Querist) 05 August 2013
Thank You all for the expert advice.
Thank You very much.
