Can I resign without serving notice period if the employer is not paying me salary?

My variable pay is part of CTC as per the company norms the variable pay will be paid in two equal installment in the month of May and August. Variable pay is decided on the basis of employee performance and company performance. I got an confirm email from HR in March about my variable pay amount. For example my total variable pay was 6 lakh so 3-3 lakh should be paid in month of may and august if employee is not on notice period. In may I got 50k less even every employee got less we were told the reason of calculation mistake and told that in June it will be paid. Then in June also it was not paid. In July again we were given surety that with August salary left out variable pay will be given (50k + 3L). Now we get to know that they can't pay till December as company condition is not good. Now I am thinking to resign and serve notice period and fight a legal suit if my case looks valid.

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Advocate By LEAD INDIA Answered: 01 Sep 2023

Your case looks valid. You are entitled to your variable pay as it is part of your CTC. The company cannot delay the payment of your variable pay without a valid reason. If you need any legal help contact us to our helpline number.

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