Employee bound to serve notice period

Contract of Employment should promote equitable discretion or it can easily be termed arbitrary/one sided.......

Does the contract grant such/equal discretion to employee also in case employer has initiated separation by termination i.e. to reject or accept notice pay in lieu of notice period?

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maxmimum persons are employed in it at any point of time?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter, and so called BOND?

Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

What was your monthly salary?

one should serve notice period as company may take plea of a valid contract in place and abrupt  resigation comes as bussiness shock.....so they may file a suit for damages as well.on on

in such situation an amicable exit after mutual discussi and proper documenation of handing over the articles is advisable.

under article 630 of companies act, company can file criminal complaint agains employee who have not handed over all the given articles ettc... so responsible behaviour is advisable.

Notice period/pay is part of service conditions that are governed by various enactments/Act/Statue/instrument of law applicable to establishment/employer/employee.............and these shall prevail upon any private agreement that employer has drafted and signed with employee.

Employee should affirm in writing preferably by letter addressed to good offices of appointing authority/MD etc  that routine duties be assigned that can be completed on day to day basis within and upto max. of expiry of (CORRECT) notice period,(and keep record of work done) and affirm that NO TASKS are pending at his/her end.......................and also add that to whom he/she should handover the charge/company property (if any) within and upto max. of expiry of (CORRECT) notice period, under proepr acknowledgment on the spot.

Reply pointwise to all points to proceed further.