You have posted that:
--“On my offer letter it is mentioned that the notice period is 3 months, and failing to which I have to pay 3 months gross salary.”
One month notice is not abrupt termination and is reasonable good period for notice.
Your employment contract has the provision of notice period or notice pay in lieu of it.
The line management and HR seem to be heelbent to breach the agreement.
They could have adopted an approach like good professionals and have requested/asked you to remain on board for another ………..days to meet some of their requirements.
They seem to have preferred arm-twisting and to step on the toes of employee.
--“In above case I have provided 1 month notice period, so I have informed in the mail that I am also ready to pay the penalty charges.”
You have not violated the terms of the contract. However you may mention that the notice pay may be adjusted in FNF statement and settlement and that paid leave may be encashed in FNF statement. You may not tender notice pay by cheque/DD as if your next employer is buying out the notice period you shall be subjected to double taxation.
--“HR has replied in mail that, we will not provide any information regarding final settlement and relieving unless your HOD, approves to do so.”
HR is passing the buck. Moreover it is felt that your and HR executives are neither your appointing authority nor an authority to accept your resignation.
You may submit a representation in writing under acknowledgment by letter thru redg. post addressed to good offices of your appointing authority, MD, CEO, Company Secretary and mention that you have are enclosing copy of your notice of resignation submitted on dated……….and your effective date of resignation/last day in office is dated………and as per clause number ………in appointment letter dated…….issued to you, notice pay may be adjusted in FNF statement and settlement and that paid leave may be encashed in FNF statement. You may request the good offices to acknowledge the receipt and acceptance and instruct the concerned officials to ensure smooth completion of exit formalities and inform you in writing to whom you should handover the charge and company property under acknowledgment and day to day duties may be assigned to you in routine manner which can be completed within and up to your last day in office. You may request good offices to supply you the acceptance of resignation, service certificate, reliving letter, form 16, PF number, attested copies of PF withdrawal/transfer forms {submit the filled in form under acknowledgment} so that you can submit to concerned PF office on your own, FNF statement, payment of wages and dues by bank DD only on your last day in office. You may issue reminders regularly and finally submit resignation on last day in office under acknowledgment by letter addressed to good offices.
It shall be appropriate to inform next employer in writing that you can provide copy of notice of resignation and final resignation, POD, only and your employer is unwilling to supply you the acknowledgment and acceptance, work experience certificate, service certificate, relieving letter, FNF statement/settlement etc and if acceptable you may be allowed to join on the strength of mentioned documents only. Company can accommodate you on the strength of these documents, and may get satisfied by the copy of acknowledgment of having submitted company property/handing over of charge, last salary slip.
You may consult elders in the family, competent and experienced well wishers/lawyer/law firm to draft and structure your representations.
Remain amiable in office and do not leave any room for the company to blame and charge you on any count. It is time to carry forward the rapport and goodwill formed during employment.
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Yes. Companies are known to become rigid, adamant, recalcitrant, and egoistic and apply high handedness to cause harassment. A properly informed employee can charge the company for breach of agreement/trust and pull them to o/lawful authority, as per explanation of employee under various enactments.
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Approach a competent and experienced labor consultant/service lawyer and proceed under expert advice.
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No.
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No.
In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not.
