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As a salaried software developer, I've been working in my current company for last 2 years. My bond was for 2 years, In my service agreement it's mentioned that in case I want to leave, I have to give a notice of 60 days which can be given only after the successful completion of my bond period.

Now a couple of days ago I have put my resignation, I got one reply from HR Department today saying I will not be getting salary for the next two months and the total amount will be credited to my account after relieving.

The problem is in my service agreement there are no terms or conditions like I mentioned above. It's a small company having 60+ employees in India.

So what's the solution? What shall I do in this condition? I want to leave my employer but can't manage for 60 days without my salary. I do not want to pursue a legal suit because I doubt I will win against my employer and I am financially not stable, so please no legal advice.

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closed as off-topic by Jim G., Adam V, Garrison Neely, kolossus, bethlakshmi Jul 22 '14 at 21:16

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  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Jim G., Adam V, Garrison Neely, kolossus, bethlakshmi
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    In my opinion, if they aren't paying you, don't go to work. Collect your things and let your boss know you're leaving immediately. Sure, it breaks the contract, but they did that first and they won't want to try a legal suit either. – raptortech97 Jul 22 '14 at 11:49
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    Why not ask them that it isn't written in contract, so they can't force that to you... and 60+ employee are not small company – kirie Jul 22 '14 at 11:55
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    Often, pretending that you are willing and able to pursue a legal suit is sufficient to solve the problem without actually filing a legal suit. – aroth Jul 22 '14 at 12:13
  • @aroth now I am thinking about going for that option :) – Dev Jul 22 '14 at 12:36
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    I am asking what to do when they violate the terms without getting into legal brawl @enderland – Dev Jul 22 '14 at 12:43
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Negotiate with the HR department about the salary of first notice month.They might hold the salary of last notice period month til Full and final (which many companies do) and they usually release it after 45 days in India. Go to your office - do not stop going to your office as that be used as a reason to terminate you and its not good to take termination letter if you can get proper relieving letter.

If finances are not an issue you can let it go as i don't think they will hold your salary these are cheap tricks to make leaving difficult but actually they make rejoining difficult.

Make sure that you leave this organization which believes in arm twisting as a method of retention.

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  • Thanks for the last point. However, How can I avoid to get into these kind of organizations in future? – Dev Jul 22 '14 at 17:56
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    glassdoor and social network – amar Jul 22 '14 at 19:12
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So what's the solution? What shall I do in this condition? I want to leave my employer but can't manage for 60 days without my salary. I do not want to pursue a legal suit because I doubt I will win against my employer and I am financially not stable, so please no legal advice.

I am assuming that you understand your contract - what it allows the company to do, and what is not permissible.

You should talk with HR and seek clarification. Perhaps (hopefully) there is some misunderstanding. Ask for details about the rules which aren't mentioned in your service agreement.

Perhaps they would allow you to leave sooner than 60 days, and your new company will allow you to start work sooner.

If that doesn't help, you might appeal to higher management.

If all else fails, you might need to get a loan (from family perhaps?) to tide you over.

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    i think the question is from India and legal recourse for the OP will not be feasible in Indian context – amar Jul 22 '14 at 12:19
  • @Joe In my country legal mess takes ages, As I said I will not prefer to go into legal mess. HR said that there are also some rules which are not mentioned in service agreement. So I am in a dilemma – Dev Jul 22 '14 at 12:34
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    @Dev It is common for "small" companies to cite "the unwritten rule" but you must be firm while maintaining professionalism in your tone and words that their behavior is unacceptable. Try explaining that as a salaried individual, 60 days without a pay check would be very difficult. If you have a senior colleague/your manager who can speak for you, it may be a great bet! – dotnetguy Jul 23 '14 at 9:03

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