1. The extract of the appointment letter posted by you is self explanatory and provides for notice pay in lieu of notice period @ Basic Pay to both employer and employee. Employer can not breach the T&C of the appointment letter drafted by employer and signed with employee.
The question arises on the strength of which power/reason/clause/agreement these personnel that have sent the email has declined to accept notice pay in lieu of notice period? Have you asked these persons to elaborate by quoting clause number?
Have you quoted the clause no………………..in appointment letter dated…………….issued to you in notice of resignation/resignation?
Who are these persons that have sent these emails posted by you?
Are they one of the appointing authority/MD/Chairman or anyone above the appointing authority OR any other person authorized by the Board by board resolution?
Have you submitted notice of resignation? If yes have you mentioned notice period tendered by you or expiry of notice period or LWD? Or did you just submit a document titled resignation and requested to relieve on dated………….? It matters how do you draft the notice of resignation/resignation?
You may demand to supply you by Redg. Post acceptance of resignation, last salary slip, FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, I.Card, salary slip of all months (especially last month) etc………………
There is no need to mention to adjust notice pay against PL (until or unless appointment letter provides for it) as FnF statement has to compute everything.
2. You have resigned by email or letter addressed to appointing authority /MD/Chairman etc thru Redg. Post or have posted in some software resignation tool?
3. Is it stated in appointment letter that HR policy/Service Rules and Regulations shall govern the service conditions? If yes HR policy/Service Rules and Regulations was provided before, along with or after appointment letter? Do you have the copy?
4. Any change in service conditions has to be informed in advance for acceptance!
5. You are committing a mistake as it seems you have not negotiated properly with next employer! Did you mention in job application, interview, subsequently in employment application/forms ………………..the notice period with current employer/time required to join as 30 days? If NO you should have! Let the prospective employer state that it wants you to join within 15 days in writing. You should inform and obtain …………… in writing……………..that it shall buy your notice period and pay it immediately upon joining without any preconditions………………and shall absorb you on the strength of copy of notice/resignation, proof of its dispatch ONLY and that your current employer is unwilling to relieve you before service of full notice period and may not supply you acceptance of resignation, last salary slip, FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, I.Card, salary slip of all months (especially last month) etc………………….and you can not supply these until these are supplied to you (as these are not to be prepared by you)……………………………and obtain a commitment that it shall not terminate you for the want of these documents.
6. If prospective employer agrees to buy your notice period then current employer should issue FnF statement showing the adjustment of notice pay and Form16 as per correct FnF statement or you may be subjected to double taxation.
7. Download record of NO tasks as pending at your end, no loss caused by you, all appreciations till last working day, awards, rewards, incentives and any other relevant record, as your access may be blocked any time.
Don't act in haste.Remain amiable and gentle.
Defend your interest.
You may find other threads relevant e.g:
https://www.lawyersclubindia.com/forum/Dual-employment-fix-please-advice-123266.asp#.VZ1SILV-jMo
https://www.lawyersclubindia.com/forum/Releving-letter-correction-123585.asp#.VZ_qBLV-jMo
