Mr. Baala has given valuable advice.
You may even send a cheque for notice pay for shortfall in notice period along with notice of resignation.
Or
You may affirm that notice pay for shortfall in notice period be adjusted in FNF statement and it be supplied to you for verification and acceptance.
It shall also be appropriate to request the PSU to increase the joining period to 2 months in writing.
You are short of time. It shall be good to build favorable written record so as to suit the long term interest. This shall help if the current employer becomes adamant and recalcitrant and you are stuck up between two employers.
It shall be appropriate to show the standing orders applicable to establishment and extended to your designation, appointment letter/contract of employment, service rules, Exit/Severance policy, HR policy applicable to employees, and language stated in clause of Termination of employment both, by employer and by employee and notice pay in lieu of notice period/shortfall in notice period stated in case of employer and employee, to a competent and experienced labor consultant/service lawyer and giver inputs in person.The lawyer that has seen all of your docs can advice you the best.
Your lawyer may advice to send cheque for notice pay for shortfall in notice period along with notice of resignation.
You should also run a check on the work culture, standing and prospects in PSU.
There are employees that get rude shocks in PSU’s.
If the option of notice pay in lieu of notice period shortfall in notice period is available then it is the max. liquidated damage payable by the party that has initiated the termination.
Resignation can be without permission and notice.
Resignation or notice pay in lieu of notice period is not misconduct.
However employee should avoid abrupt termination and you are not causing abrupt termination.
It is always better to address the notice or resignation to good offices of appointing authority, MD……………..and submit it by letter thru redg. post to good offices.
By submitting it in some internal office software you have granted the intervention or interruption by line managers, HR that might be available to them as per provisions in the software.
As per employer’s policy for line managers, HR they are expected to discourage acceptance of resignation before expiry of full notice period and apply tactics of denial of relieving letter.
Employee is expected to ensure completion of tasks/assignments on hand, handover the charge, submit company property, within notice period.
Employee must structure and draft your notice of resignation and subsequent communication carefully.
You may seek help from elders in the family and your lawyer.
The notice of resignation and subsequent communications should be carefully structured to safeguard the interest of employee and also to not to leave any room for the employer to level any charge of having caused loss etc…………
>> You may affirm that notice pay towards shortfall in notice period is adjusted in FNF statement and correct FNF statement be supplied to you for verification and acceptance.
You may specifically point out to good offices of appointing authority, MD, thru Redg. post.that that all assignments/tasks as on date have been completed and nothing is pending and routine duties be assigned now that can be completed on day to day basis within and up to last day in office i.e dated………………………as stated in notice of resignation dated……………….
You may request the good offices to supply the acknowledgment of notice immediately by resg. Post and also to supply by the close of office hours of our last day in office/expiry of notice period the acceptance of resignation, service certificate, relieving letter (with good comments on conduct and performance), correct FNF statement, payment of FNF dues by bank DD only, receipt of handover of charge/company property (if any), Form 16 as per correct FNF statement, NOC/NDC, PF number, PF account slips of total tenure of service, attested copies of PF withdrawal or transfer forms, last salary slip and salary slips of all months of service etc by redg. post only.
{ The employer is under obligation to supply all these documents and payment to employee}
Employee must request the good offices to inform immediately in writing to whom you should handover the charge and designated person should be informed in writing with a copy to you to take charge under proper acknowledgment on the spot.
Depending upon the reply of the good offices you may proceed further.
It is time to download all policies and record that would eventually be required and helpful for you.
If you have completed all tasks/assignments and nothing is pending at your end and you have tendered the notice pay also by cheque or have affirmed that notice pay be adjusted in FNF statement then nothing should be declared as pending at your end and the employer should also supply all docs and payments to you in time.
There are many threads on similar queries. You may find these relevant.
https://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.Uonw09KAqWM
https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM
https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM
https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM
https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM
https://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM
