The notice period of 60 days may not be necessarily applicable in your case!
Has the company issued/supplied acknowledgment of resignation, acceptance of resignation, acknowledgment of DD of notice pay, FnF statement (showing adjustment of notice pay as per DD recived from your end, Gratuity/Leave encashment/Bonus etc) and payment of FnF wages, Salary slips of all months,PF a/c number and a/c slips of all years,ESIC card,Form16,NOC/NDC,service certificate............if no demand everything.........if yes these can suffice as having been relieved.......
What was the rate of notice pay applied in your case:::: Gross/basic+DA/CTC ?
Did the company demand notice pay in writing?
Has the HR person denied supplying the ‘Service Certificate’ and “Relieving Letter ‘in writing?
Do you have copy of HR policy/Service Rules and regulations/Exit Policy/Employee handbook/Conduct and discipline rules/FnF policy?
You may also reply pointwise to:
1. What is this establishment: Industrial or Commercial ? The registration certificate displayed near entrance would clear that it is registered under Factory Act or (name of the state) Shops and Commercial Establishments Act!
2. How many persons are employed in it? Does the company have its CSO (certified Standing Orders) or Model Standing Orders are applicable? Is your designation covered by CSO? The standing Orders copy has to be displayed at a conspicuous place/near entrance and a certified copy has to be supplied even if against nominal cost say Rs10/……………………by the employer or designated HR personnel.
3. What is your designation and nature of duties?
4. What was submitted by you;Notice of resignation or resignation:::::did you mention notice period tendered by you in it? Do you have copy and acknowledgment of notice of resignation? To whom you had addressed the notice/resignation::::and did you mark a copy to say HR/MD? Who is appointing authority:;;Your Manager/HR?
5. Has your HR replied in writing: if yes;what was the reply::::Have you submitted any communication in writing subsequent to resignation: narrating all representations?
6. Is next employer willing to absorb you without acceptance of resignation;service certificate;relieving letter? Have you mentioned notice period of 90 days in employment application to next employer? Has your next employer bought your notice period?
7. You are in which state:::::the Redg. Office and HO of the company is in which state?
Does the company issue salary slip of each month,PF number and a/c slips of each year,I.card,ESIC card,Form16,FnF statement?
You may contact officials of Dept. Of Labor, trade union leaders e.g. CITU/AITUC/INTUC/BMS etc,able Labor Law Consultant worth his salt...... with confidence.......
There is no Limitation on approaching Labor Officials, and you can approach now as well.
