Mr. Dash has given valuable advice. Kindly follow it.
---Such matters are best resolved by applying rapport goodwill, exceptional levels of persuasion, persistence, negotiation, reasoning skills. If possible suggest your replacement internal/external and help to train and install in your place.
Resignation can be without permission or notice.
The notice of one month being tendered by you is reasonable/ is not short/insufficient/abrupt termination and employer should be in a position to put his house in order during this period.
You may submit a gentle representation addressed to good offices of your appointing authority, MD, Chairman, Company Secretary, and ask in writing to whom you should handover the charge and company property and remind that your last day in office/expiry of notice period tendered by you/effective date of your resignation is dated……………..and within and up to this date all exit formalities should be completed.
You may mention that you are enclosing cheque number………dated………….drawn on bank………..for Rs………….towards the notice pay ( @ Basic + DA/Gross/CTC as mentioned in your appointment letter or as acceptable to you) as per clause number………..in appointment letter dated………..issued to you, and that an acknowledgment of notice of resignation and receipt for cheque should be supplied to you by redg. post only and that ………say 2..postage prepaid ( as purchased from PO) self addressed envelopes are enclosed for sending the redg. post to you. and that the FNF amounts in FNF statement should be reduced by notice pay tendered by you and Form 16 should be prepared by company and issued to you after adjusting notice pay in FNF statement.
If your next employer is buying out your notice period and past employer does not adjust notice pay in FNF statement you may be subjected to double taxation.
If the past employer does not adjust notice pay in FNF statement it may decline to amend Form 16 later.
OR
You may request to adjust notice pay in FNF statement/settlement.
Relieving letter is issued after completion of nothing is due at the end of employee.
If you have tendered notice pay (by cheque/thru adjustment in FNF statement), handed over charge/company property, FNF dues if any to be paid at your end, completed the tasks on hand, exit formalities, nothing is due at your end. You may keep on reminding the good offices on this and asking them to let you know if any pendency they wish to point out by letter thru redg. post.
You may prepare and submit under acknowledgment a statement of payables by you to company and payables by company to you and conclude that no amounts would be payable by you to company by your last day in office.
---Notice period is part of service conditions. Service conditions are stated in Standing Orders of the company, appointment letter, Shops and Establishments Act of the state, statue. The employee who is covered by these enactments shall be protected up to that extent.
{ Industry, actually means Business, trade, manufacturing and anything related to this……. The Standing Order Act is applicable to all establishments to which the Payment of Wages Act, 1936 applies. Section 2 (e) (iv) }
Does your company has its certified standing orders and has it extended it to your designation?
Service conditions stated in standing orders shall prevail and can not be negated to employee in appointment letter.
If the notice period is 1 month after confirmation in standing orders, it shall prevail.
Designation alone does not decide employee is a workman or not.
Your lawyer may ask you a set of structured questions and may opine that you fall within the category of a workman. The enactments applicable to workman limit the choice to employer.
If IESO Act is applicable and company does not have certified standing orders, Model Standing Orders shall apply.
13. Termination of employment: .-
( Notice period is max.1 month)
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
17. Liability of 17[employer].--, 18. Exhibition of standing orders.—
Shops and Establishments Act of the states have clauses and provisions on
Notice period………..which is maximum of 1 month. This enactment does not indiscriminate between workman and non workman and is applicable to all employees.
The clauses on notice period may be termed void to that extent.
One of the duties of the Inspector under SE act is to ensure that the employee who has separated his a/c is cleared in line with the SE Act of the state.
If your establishment is covered under SE Act you may go thru SE Act of your state.
---You are eager to oblige your next employer.
You should submit in writing to next employer that your current employer may not issue relieving letter as due to ……….joining time you won’t be able to complete notice period of 3 months therefore you should be absorbed without reliving letter, and obtain concurrence even if by email.
The next employer may mention in offer letter/appointment letter that you shall need to submit relieving letter within days……………and appointment is subject to BGV/submission of relieving letter.
You may need to handle it.
