Such matters are best resolved by applying rapport/goodwill and persuasion, persistence, negotiation, reasoning skills………………..however while doing so favorable record should be built and during employment the relevant documents/record should be obtained………………………
If possible provide replacement and train and help to induct by your last day in office, handover charge under receipt.
Obtain concurrence from your next employer even if by email that it shall absorb you on the strength of copy of resignation letter and proof of its dispatch, POD (preferably of redg. post) and that your employer is demanding to serve 30 days extra on board……..
The notice of dismissal for employer/employee is stated in Industrial Employment Standing Orders Act/ Model Standing Orders…………………………(Name of State) Shops and Establishments Act……………………..contact of employment……………..
Approach a competent and experienced labor consultant/service lawyer and let your lawyer opine that you would be covered as ‘Workman’ as in ID Act and ‘Employee’ as in Shops and Establishments Act applicable to your state or not?
The employee that is covered by these enactments is covered up to that extent or employee may have to approach civil court.
If you have been appointed by some consultancy then it should have been registered under (name of the state) Shops and Establishments Act applicable to your state and must have displayed the registration certificate near entrance/on notice board………….
One of the duties of the Inspector under this act is to ensure that all dues to separating employee are tendered by employer………………………….Notice period in this Act is max. up to 1 month…………….
Industrial Employment Standing Orders Act/Model Standing Orders:
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
You are initiating the termination of employer-employee relationship hence you have to tender your final date/day in office…………………..and not your employer……..
Your employer is good offices of appointing authority, MD, CEO, Chairman, Company Secretary………………and line managers and HR are not your employer. They are another employee in the company and might be entrusted with the tasks of resolving your grievance. If they do not you may escalate to good offices under proper acknowledgment.
Resignation can be without notice or permission……………………
Your employer has inserted notice period as per bilateral agreement by it and accepted by both employer and employee.
You have claimed that you are not breaching this agreement. Thus you are entitled for proper relieving.
Obviously your employer is. And this breach is without any written statement on record………….therefore employee may need to build favorable record in writing which may act as evidence later if the need be in appropriate forum at appropriate time.
Download copies of attendance record.
You are entangled with your employer and its client. Your employer does not want to annoy the client by refusing to met tits demands however your posting on client’s site does not mean that client of your employer has become your employer.
You have complied to the advice of your employer: as a goodwill gesture, by discussing your personnel matter (Terms of employment, service conditions) with an outsider (client of your employer)…………………..
If your employer has some other private agreement with your client then it is responsibility of your employer to fulfill its responsibility in any manner acceptable to its client without any cost and consequences to you. The client of your employer can not insert and must not put pressure to insert any changed service conditions in your appointment letter.
It may arrange or designate internal/fresher’s as your replacement………………and you may affirm to handover the tasks/property (if any) within and up to your last day in office.
You must place on record that no task/assignment as on date is pending at your end
( collect evidence which an act as proof) and routine duties which can be completed on day to day basis only, within and up to your last day in office be assigned to you.
All said and done explain (in writing under acknowledgment) that on dated……………………you have tendered notice of resignation as per clause number…………………in appointment letter dated………………..issued to you and on dated……………..Mr/Ms ………………..designation…..dept……………address of company…………..asked you to discuss the matter of notice period with M/s……………a client of M/s……………….which you were you were under no obligation to do………………. And M/s………………..stated that M/s……………….have some agreement for notice period of ……………………….days which you are under no obligation to comply………………..and conclude that your last day in office shall be dated.………………..as per correct notice of resignation already supplied by you ( retain POD preferably redg. post).
Demand that acknowledgment of notice/acceptance of resignation, be supplied to you immediately and correct FNF statement, payment of FNF dues by bank DD only, Form16 as per correct FNF statement, PF number/attested copies of PF transfer-withdrawal forms/account slips for entire period of service, salary slips of all months, NOC/NDC etc be supplied to you within and up to your last day in office be supplied to you by redg. post only.
Leave no ambiguity. Cover your ground.
Issue reminders under acknowledgment and reiterate your last day in office as per terms of appointment letter, and to designate personnel to whom you should handover the charge/property (if any) under acknowledgment on the spot………………… .
Charge is handed over to HOD……………………
On last day you may tender final resignation, mention to whom you have handed over the charge and property and leave by the close of office hours……………………
Relieving letter signifies that employee has been relieved and nothing is pending at the end of employee………………..
If you are apprehending that employer shall not issue relieving letter, you should build record that nothing is pending at your end……………………and employer has breached the contract and was stepping on the toes of employee……………to arm twist the employee and force to remain in bonded labor……………..
