Notice Period
My Question pertains to the exit process of my company; the company has not been able to provide timely salaries for continuous 22 months in a row now. The delay is 15th to 20th day of every month. Is there any legal clause there which says wages need to be provided in time?
2ndly this is one the major reason I wish to exit the company in 1 -3 days of time which is sufficient to handover the requisite information and work. How can I get the acceptance and not serve notice period.
The below is the. Probation, Confirmation & Termination clause in Appointment Letter,
Probation period of 3 months and they have not confirmed me in writing too.
2) (a) During the probation period or the extended period of probation, an Associate will be liable to be discharged from the company’s services at any time with 15 days prior notice and without assigning any reason. An Associate also bound to provide the company with 15 days notice during which period he / she may have to actually work. The company does not encourage adjusting notice period against either leave or forfeiture of salary.
(b) Upon confirmation your services are liable to be terminated by the company after providing you one month notice or payment of basic salary in lieu thereof. The notice period could be waived off in special cases, on the recommendation of the HOD / Director / HR. In such cases the associate may or may not be entitled for the salary for the current month.
You shall also be bound to provide the company with one month notice prior to resignation during which period you may have to actually work. The said period will not be adjustable either against leave or forfeiture of salary, also on a case to case basis or on the recommendation of the HOD / Director / HR may adjust the notice period either against leave or forfeiture of salary.
(c) If the exigencies of work so require, the company may not relieve you earlier than the expiry of the entire period of notice. It shall, however, be open to the company to accept your resignation with effect from any date earlier than the one offered by you in your resignation letter.
My Probation has not been confirmed in writing as well.
Please help me comprehend the above since it has been very challenging in context to not receiving salary on time and serving notice period is not on the charts because salary delay is the reason for leaving.
Thanks.