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Salary not credited for 3 months!!

Querist : Anonymous (Querist) 09 July 2020 This query is : Resolved 

I work in a yyy company where I am not paid for the last 3 months. Now I have an offer with another company.
When I ask the salary balance to my current employer, he is asking me to re-sign first and then to proceed with the settlement.
Should I re-sign here to claim the salary balance or ask him to work on the settlement first?
Also, he is forcing me to submit the assets and re-sign.
can someone tell me the procedure to move this legally?

Note: I don't think the employer will actually give me the complete salary balance.
Rajendra K Goyal (Expert) 09 July 2020
The company seem to be in financial crises, hence withheld the payment.
This is very crucial time; many jobs are on stake. If you have concrete offer from other company avail the opportunity.
If you move legally, it may take years to conclude with expenses.
May claim and fight for balance if some any portion is not paid.
Dr J C Vashista (Expert) 10 July 2020
It is your personal decision where you can weigh its pros and cons, merits and demerits and benefit and loss qua your resignation in relation to contemporary circumstances.
Dr J C Vashista (Expert) 10 July 2020
Payment of salary is liability of employer which he has to make even after few more months delay.
Since no legal issue/dispute is involved in your query, what do you expect from the experts on this platform?
Adv K Rajasekharan (Expert) 10 July 2020
Your claim for the salary arrears is already crystallized. No later event can alter it.

Whether you claim it now or later, or before your resignation or after it, does not make anything substantially different.

So it is purely your choice what to choose between both the scenarios.
Rajendra K Goyal (Expert) 10 July 2020
Agree with the experts, It is your choice what to choose between both the scenarios.
krishna mohan (Expert) 14 July 2020
Possibly they may treat your resignation, relieve your immediately keeping the notice period dues. You need to give notice period or compensate as per your offer. Go amicably so that new offer you are able to join without any issues especially now everywhere the suspense prevails.

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