Should You Resign Before Or After Receiving Your Salary? HR Advices

Should You Resign Before Or After Receiving Your Salary? HR Advices

By Elizabeth Benu,

“I have been working in this company for over 3 years and earlier this month I handed in my resignation letter. The problem is I have not received any payment from my previous employer. I have returned to the office severally asking for my pay but all I here is “we shall communicate.” Would it have been wise if I resigned after getting my paycheck? What should I do if I do not get paid? Please advice,” writes Sally Kimuhu in an email

It is almost end month and we have heard of employers who do not pay you if you resign before the end of the month. Why is this so? Is it in any way ethical?

Natasha Mwasaru, a HR Consultant at Adept Systems says that it is advisable to quit at the end of the month after your dues have been paid since some employers may delay your payment.

Ms. Mwasaru says that it is unethical that employers hold back on employees paychecks.

She cites the reasons for this as employers having an interest with the person working for them than the one who left.

“An employer would rather compensate the human capital they have than the one they have lost so they may delay the payment,” she explains.

In case you are wondering, are there any laws that protect employees from such events

“Yes there are. As provided in the Kenyan Employment Act,” Ms Mwasaru confirms

As quoted from the employment act 2007, part IV section 18 sub section 5 (a) reads, “Upon the termination of a contract of service by effluxion of time, it shall be the duty of the employer to ensure that the employee is paid the entire amount of the wages earned by or payable to the employee and of the allowances due to him as have not been paid.”

What if you are not given your payment on the day you resign, how long should you wait?

“It depends on the agreement you have with your employer before resigning. If it was to be given at a specified time and you do not get paid, you can call and ask why it is not happening,” ms. Mwasaru states.

Where can one get help?
“Get help from an employment union or if it comes to worse get a lawyer,” Ms. Mwasaru advices.

In support of this statement the Employment Act Part V Section 25, Subsection 2 says , “An employee may file a complaint under any remuneration wrongfully with held or wrongfully deducted from them to a labor office and not later than 3 years after the allegedly unlawful deduction has been made.”

What advice does she have for employees caught in such a situation?

“Dialogue with your employer is important unless things get out of hand. Do not burn your bridges. Do not take legal action until it is really necessary. Know the law (read the Employment Act and get to know your rights as an employee) and use it to get what you want,” she concludes.

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