Do I have to serve notice period if I have not been paid last 2 months salary?

I am working in a company where I have not received past 2 months salary. Now I got a new job and I want to join that as soon as possible. But I have been asked to serve notice period of 2 months as per company rule. Is it necessary to do that or not required?

Ronit Sharma, posted on June 19, 2013 at 02:45 pm    Work ethics

Nishta Gupta said June 22, 2013 at 04:46 pm

This is some question, almost a teaser of sorts! So I respond to it in two parts:

Morally, you are not bound to serve your notice period as the company has not paid your salary for the last 2 months. Infact, they should be glad to see you go if they cannot pay you. Do you think Vijay Mallya would like his employees to stay after he cant pay them salaries in Kingfisher?

Legally, you have a notice period as per your offer letter. What does it state? Read it, I think you can always buy back the notice period by paying your basic salary and in your case there is no requirement as the company owes you XYZ amount.

So I suggest the following:
1. Read the offer letter well.
2. Based on your offer letter, you can state clearly that the notice period is not applicable as the company has not paid salary for the last two months (consult some of your peers and HR friends). If you can get some legal help so much the better!

Best of luck from Fixerline!

Was this question useful to you?