Rohan Mani (IT) 22 April 2021

Need some tips on how to resign from my current company

I'm in a dilemma, i work in a small tech firm notorious for not paying out salaries. I have been in this company for approx 9 years and basically have been burnt from both ends. Have a 3 month pay due, and the pay isn't regular also. I'm finding it hard to meet my finances and therefore am looking to quit and find another job. I'm quite certain if i resign I'm going loose a big part of my pending payouts if not all of it. I need some help on how to play this out and minimize my loss on finances. The notice period is 2 months which I'm willing to serve provided i get my pending salaries. What worries me is, if i play this like a good employee and hand over my tasks and leave all happy I might be shooting myself in my feet because they might not even make an attempt to clear my dues afterwards. The company has a habit of changing entities when the statutory burden reaches a limit and then leaving the employee without salary for couple of months and then switching over to a new company and start the cycle again. Should i make it clear that I'll be passing on my knowledge provided I'm being dealt financially? I'm utterly confused, please advice

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4 Replies

Pradipta Nath (Advocate) 22 April 2021

Find a suitable job for you and resign on the ground of good opportunity after serving two months notice period. Afterwards claim all your pending salaries and gratuity. You may even sue money recovery suit for your bonafide claims!

yasaswi gomes (.) 23 April 2021

Do you mean your clients can’t afford payments but make you work and change to a different company, delay payments there as well, and come back to your company and make payments and start this again. I’m sorry for your situation, but I can’t help laugh at it if this is the case.

Resign your job, join another company, then ask for pending balance. Nothing will happen and no need to fear. Even if they delay, keep contacting them and they will pay. These are companies and commit no fraud.

Rohan Mani (IT) 23 April 2021

Originally posted by : Pradipta Nath
	Find a suitable job for you and resign on the ground of good opportunity after serving two months notice period. Afterwards claim all your pending salaries and gratuity. You may even sue money recovery suit for your bonafide claims!

Thank you sir, i can find another job, what the company usually does is, they change entities and then put down any claims on pending payments stating it was the other company and this is a new company. I'm not sure if sue'ing them will work in case they change entity(Basically just register a new company).

Pradipta Nath (Advocate) 23 April 2021

Just find an suitable job and then serve a legal notice to your company and its management. Thereafter if they don't sue them for a money recovery suit. Aside the plea like Company is no more or has wind up or changed into some other entity have no value to escape from their liability!