Salaries get delayed sometimes for up to 3 months - I wish to resign

I am employed by a local company, which is not able to pay the staff salaries on time. The salaries get delayed sometimes for up to 3 months.

I wish to resign and would like to ask whether I can put this reason in my resignation letter (that the resignation is due to delayed salaries) and if the company asks me to leave immediately without working the 3 months notice, will I still be able to get the 3 months salary and entitlements? Or the case will be that when I resign the company accepts the resignation and asks me to leave immediately and I get nothing?

Name withheld
Answer:
When you resign and the company decides to waive the notice period, allowing you to leave immediately, you do not get the three months salaries because it is you who is terminating the contract and the company is only felicitating your departure.

It doesn’t matter what the reason is for the resignation, you will get only the pending salaries for the period your have served.

As far as your other dues are concerned, like indemnity and leave salaries, you should be paid for all the annual leave you have not availed and the indemnity according to the Labor Law.

This means if you have served 3-5 years you should get 50 percent of the indemnity, if you been with the company for over five years but less than 10 years you will get two-thirds of the indemnity and if you have served 10 years or more then you are entitled to the full indemnity.
 

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