Notice period serving issue

Similar queries have been discussed many times at LCI and can be searched in Search option and corresponding rules/ACT/judgments can be downloaded. 



Many authors/querist have posted such queries and have resolved without need of any litigation.


The notice period of 60 days, may not necessarily be applicable in your case.


The condition of “The Company reserves the right to pay or recover compensation in lieu of notice period”  may not necessarily be applicable in your case.


If applicable (determined per enactments applicable in your case) then you need to request the employer and employer can grant waiver.


HR person may not be necessarily be employer in your case. He /she may be a Manager and stakeholder and may be in a position to help you.

So remain gentle and amiable.


Or HR person as per his master’s policy for him/her may not be inclined to get any concession/waiver.


Therefore if required escalate to good offices of appointing authority.

Have you resigned in writing under proper acknowledgment and mentioned notice period/LWD in it?


Do you have the copy/acknowledgment, proof of dispatch, delivery of notice of resignation?

How has HR asked to serve for another 60days: verbally or in writing?

While posting such queries employee should post basic information:

What is this establishment: Commercial, Industrial?


What is its line of business; say Banking, IT?


The employee is located in which state? 
Does Company have an office in this state?
The reporting office, Redg. Office, HO is located in which state?


How many people are employed in establishment?


What is employee’s designation and nature of duties on record?


How many persons report to employee?
Does employee has any power to sanction (not just recommend) leave/increment/appoint/terminate/appraise etc etc?



Can anyone cancel/amend employee’s recommendations?


The employee has worked for how many months?


The employee is under probation or confirmed?


Do standing orders (Model/Certified) apply to establishment and designation of employee?


Is it stated in appointment letter that employee can tender notice pay in lieu of notice period and what is the rate of notice pay mentioned in it?
Is it stated in appointment letter that employer can tender notice pay in lieu of notice period ( if it initiates separation by termination) and what is the rate of notice pay mentioned in it?



Is it stated in appointment letter that employee’s service conditions shall be governed by …………policy/rules of the company? Was copy of any such policy/rule provided before signing appointment letter?


Is it stated in appointment letter that employee agrees to abide by …………..policy/rule of the company and any such/new rules/policy introduced in future?


Shall next employer absorb employee ONLY on the strength of copy of acknowledgment, proof of dispatch, delivery of resignation? OR it can cancel offer if service certificate, relieving letter is not submitted by employee? Or it can terminate later if service certificate, relieving letter is not submitted by employee?


Does employee have copy of salary slip of all months, Form16 of all years, PF number and a/c slips of all years, ESIC card etc etc?

Does employee have copy of all HR policies applicable to employee/service rules, exit policy, employee handbook etc etc ?