Resignation on failure of company paying salary

during the probation period the notice applicable is only 15 days. Even otherwise payment of salary is an essential part of the terms of employment and on its failure the contract is voidable at the employee's option. No notice period will be applicable. Separately you can also file a complaint before the labour commissioner under the Payment of Wages of Act for non payment of salary/wages.

Mr. Vasudevan has given valuable advice. Kindly follow it. The notice of resignation should be carefully structured and drafted concluding that earned wages are not being paid on due date and despite reminders in office thereafter that is serious breach by employer and voids the contract and sanctity of any T&C like notice period/pay. The notice period during probation period may be NIL in your case. There are many threads on it e.g; https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3dLMUeBmXU

Dear Mr. Vasudevan,

Thanks for your valuable guidance. Is this applicable for permanent employee also who is not getting paid in time say for 2-3 months delay & salary also paid in part.

Here the notice period is applicable if not then is he/ she eligible for the dues which should be in normal course of resignation.

Please guide.

 

Anup

Please tell me your location of working and your office location- will be able to provide precise advice

My job location is Gujarat Ahmedabad and company's H. O. At Delhi.

Dear Mr. Vasudevan,

 

This is for my friend he is located at Navi Mumbai & the said company is also located in Navi Mumbai.

 

Regards,

Anup

For Navi Mumbai, the labour commissioner's office is at Thane where a written complaint for non-payment of wages can be filed. For Ahmedabad, the provisions of the Shops and Establishment Act of Bombay/Gujarat is substantially similar and the remedy is avialable - to file complaint with Ahmedabad Labour Commissioner's Office

Dear sir /madam i was join axis bank april 24/2014 i was done 651a/c casa and li 6 lakhs in 1year 6month and i was conform november 1 but my salary hike is happen only after jan month didnt get hike 3months salry nobady helping and after they were promising they will give asst manager its not happenig finally i got offer other organistion and due to the my family finacial problems iwas resign the job june 13 2015 8 june and july 8 times they were rejected my resignation and finally i request the suprior they were accepting my resignation and they were given releving ackonwldegment with branch head signature andthey were intiatied my final settelment also after 8th october iwas releving axisbank and they were told we will give releving letter after 3days and i went axis bank indirangar they were asking 2days time some internal issue after i went they said your open one pvt inthe name of raffil movers pvt ltd desrepercency isthey we wiil solve the problem within 7days finally 3month over new organazation asking releving letter they were holding 3 months salary and alsoiam jobless iam coming from poor family when ever a/c open iwas shown the aof all my superior they were aggree and open a/c through video confernce i was took sign and they were send courier and iwas show the aof my seniors with their help only iwas open a/c that no tranction is happen iwas releved 8th october 4th director 14th is given complaint aginst mr thukaram not on me and now they were sent fraud investigation team now iam other organgaion and alredy 3months over they were said we dont know when its clear iam working axis bank full heartdly now no one helping iwas lost job and 2years exprince gone 3months salarygone now iamon raod dear sir/madam i request you kindly reslove the problem with in 2days and help me my carrier and my life i dont have any problem either retained or release my releaving letter andiam not given complaint any my superior collique this ony requeting to help my carreier

@ Venkateswarlu,

 

Take someone's help and redraft your query properly, so that it can be understoodm properly and replied.

 

Alternatively you may approach an able Labor Law consultant for proepr understanding and resolution of your problem.

 

After you get replies from LCI, you have to consult a counsel to handle the matter for you, therefore it is better if you consult now and avoid posting any reply to bank on your own.

 

Let your counsel draft everything.