Such matters are best resolved while in employment by applying goodwill, rapport and exceptional levels of persuasion, persistence, reasoning, negotiation skills.
You must structure and draft your notice of resignation and subsequent communication carefully.
In such situations it is in interest of employee to request in writing the future employer to extend the offer period for joining to 2 months and point out that it has already been informed during the interview that notice period in current employment is 2 months and the current employer is unwilling to relieve until 2 month’s notice period is served fully and I case of variance relieving letter, last salary slip, FNF statement/settlement, service certificate, NOC/NDC may not e issued and employee can supply only the copy of notice of resignation/resignation. The offer is made by next employer who may also be in the practice of making offer of joining period of 1 month for incoming employees but may be making a condition of 2 months notice period must for outgoing employees. The employee is taking a risk for next offer made by next employer and employee must take next employer in confidence so that next employer stands by him.
Employee should safeguard his interest in the best possible manner.
>> Did you accept the increase in notice period in writing?
Did you the reject to accept the increase in notice period in writing?
If you had decided to separate then you should have declined in writing under proper acknowledgment to accept the change in notice period initiated by employer.
In such a case the old service condition of notice period should persist. The unwilling employee and unwilling employer have the discretion of separating on the basis of service conditions stated in old bilateral agreement.
If the employee has not declined to accept in writing the employer who has decided to dispute may become vindictive.
Employer may claim that no communication from employee is deemed acceptance.
However the language in notice of change of notice period should be studied.
>> Verbatim: Absconding or Abscondment would mean…………….
verb: absconding
1. 1.
leave hurriedly and secretly, typically to escape from custody or avoid arrest.
"the barman absconded with a week's takings"
ABSCOND<===> फरार होना
ABSCOND<===> चम्पत होना
Thus it can be claimed that term “Abscondment”/ “Absconding”……………….. is Derogatory.
>> You have informed the company in writing about your intention to separate by exercising your option/discretion of resignation by way of notice of resignation.
Resignation can be without permission or notice.
You are not causing abrupt termination. Thus you have displayed character and sincerity.
One month should be sufficient for the employer to put his house in order. If you have not accepted the change then you should have stated so in writing and could have referred to clause in appointment letter and your letter for non acceptance of change.
The clauses on Termination of employment by employer and employee should be studies.
Is it stated that notice pay is payable for the shortfall in notice period by both employer and employee?
If yes liquidated damages are already inserted in appointment letter and this shall be the maximum amount that can be charged in lieu of notice period.
>> Notice period or Notice pay in lieu of Notice period is part of service conditions.
Service conditions are stated in standing orders applicable to the company and extended to the designation of the employee, statue, appointment letter, contract of employment, service rules………. It is also inserted in Shops and Commercial Establishments Act of the state.
If the company has its Certified Standing Orders (CSO) and these are extended to your designation then the CSO shall prevail upon appointment letter.
If the employee is not covered by standing orders, statue, def. of employee as in Shops and Commercial Establishments Act, the job advertisement calling for job applications appointment letter, contract of employment, service rules, exit policy/severance policy etc may be looked into.
The service conditions should be equitable or these can easily be termed as arbitrary.
Is it stated in appointment letter issued to you that employer can terminate by notice of termination or notice pay in lieu of it? If yes equitable discretion should apply to employee also if employee initiates termination by resignation.
Is it stated that employee can not tender notice pay in lieu of notice period (unlike Employer)?
Is it stated that employee has to tender some liquidated damages too in addition to notice pay?
In case the option of notice pay in lieu of notice period is not available and tasks/assignments are pending at the end of employee and employee is unwilling to indemnify the employer against some financial or some other kind of loss that employer may suffer the employer may impress upon to serve the full notice period.
The notice of resignation and subsequent communications should be carefully structured to safeguard the interest of employee and also to not to leave any room for the employer to level any charge of having caused loss etc…………
>> You may affirm that notice pay towards shortfall in notice period is adjusted in FNF statement and correct FNF statement be supplied to you for verification and acceptance.
You may specifically point out to good offices of appointing authority, MD, thru Redg. post.that that all assignments/tasks as on date have been completed and nothing is pending and routine duties be assigned now that can be completed on day to day basis within and up to last day in office i.e dated………………………as stated in notice of resignation dated……………….
may request the good offices to supply the acknowledgment of notice immediately by resg. Post and also to supply by the close of office hours of our last day in office/expiry of notice period the acceptance of resignation, service certificate, relieving letter (with good comments on conduct and performance), correct FNF statement, payment of FNF dues by bank DD only, receipt of handover of charge/company property (if any), Form 16 as per correct FNF statement, NOC/NDC, PF number, PF account slips of total tenure of service, attested copies of PF withdrawal or transfer forms, last salary slip and salary slips of all months of service etc by redg. post only.
{ The employer is under obligation to supply all these documents and payment to employee}
Employee must request the good offices to inform immediately in writing to whom to handover the charge and designated person should be informed in writing with a copy to you to take charge under proper acknowledgment on the spot.
Depending upon the reply of the good offices you may proceed further.
It is time to download all policies and record that would eventually be required and helpful for you.
The company can block access at any time and it may not produce any record although it is keeper and custodian of records.
Employee should submit periodic reminders and submit final resignation too.
It shall be appropriate to show all docs including notice of change in notice period to a competent and experienced labor consultant/service lawyer and proceed under expert advice. The lawyer that has seen all of your docs can advice you the best.
https://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM
https://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM
https://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM
https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM
https://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM
