1. As already pointed out by Mr. Praveen Kumar, as per the service condition of notice period of ………………..inserted by employer in appointment letter drafted by it ,the notice period applicable to you is 30 days.
2. Don’t remain entangled with Line Managers,HR personnel!
Record their threats/statements (audio/visual/witnesses/minutes of discussion………….).
You can Submit under proper acknowledgment a written communication addressed to good offices of appointing authority, MD that on dated……………………Mr/Ms………………has stated that notice period applicable to you is 90 days that is wrong and you submitted notice of resignation as per CORRECT notice period of 30 days applicable to you vide clause number ……………in appointment letter dated…………..issued to you and god offices may ensure that acknowledgment of notice of resignation is supplied to you immediately and acceptance of resignation, FnF statement in original for verification and acceptance showing adjustment of CORRECT notice period/pay and payables by you/payables by company and net amount payable by either employee/employer, salary slips of all months, PF number with a/c slips, ESIC card, service certificate, relieving letter, NOC/NDC be supplied to you within and upto last date in office…………………i.e dated……………….as already tendered vide of notice of resignation dated……………submitted by you………….
AND :::NO tasks are pending at your end (download proof)…………….and routine duties be assigned that can be completed on daily basis within and upto expiry of your notice period on dated………………and you be informed to whom you should handover the charge within and upto last date in office dated………………against acknowledgment on the spot…………
3. Why employees in your sector i.e. IT/ITeS suffer from such unscrupulous employers and their attorney’s in Line Managers/HR personnel?
Because they are not thoroughly united!!!!!!!
Now there are many IT/ITeS employee’s unions and many of the trade unions like CITU,INTUC,AITUC,BMS …………….and political parties like Shiv Sena have embraced them.
The employee’s unions have done good jobs too e.g. ending the blanket exemption granted to IT companies from the provisions of Industrial Employment Standing Orders Act…………………………compelling M/s TCS to backtrack from mass lay off (go thru news publications in Chennai and other cities)………………. making it mandatory to form GRC (Grievance Redressal Committee’s in all companies………………….declaration by NSR of Nasschom (national security registry) that they do not indulge in blacklisting of employees…………………..etc…
Are you aware that ‘Works Committee’ as in ID Act is an authority…………………….and it has equal number of members from employees and the President is from Employee’s?
The united employee’s can negotiate service conditions much better and can end their exploitation………………….coercion, intimidation,……..blackmailing!!!!!!
4. The notice period of 90 days may not be necessarily applicable in your case!
This has been explained in length in many threads e.g.:
https://www.lawyersclubindia.com/experts/Resigned-but-employer-is-not-supportive-520111.asp#.VM9_tS2qr5Y
https://www.lawyersclubindia.com/forum/Resignation-with-serving-half-notice-period-116175.asp#.VNCfMy2qr5Y
The notice period/notice pay is part of service conditions that is governed by various enactments applicable to the establishment/employer/employee e.g. ( Name of the state) Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments, standing orders……….. These being enactments/instrument of law/statue…. enacted as per law of the land, shall prevail upon any private agreement/policy/rule drafted by employer and signed with employee e.g. appointment letter/contract of employment/HR policy/service rules and regulations/service agreement etc……………and any service condition that is inconsistent with such enactments shall not survive…….
After going thru the above thread you may post other information that is relevant..
Become member of employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS................
You can approach: Employee's unions/Labor Law consultant, and your counsel may opine that you are covered by def. of ‘Employee’, ‘Workman’…………
And that you can approach:Inspector appointed under (name of the state) Shops and Commercial establishments Act/Payment of wages Act, O/O Labor Commissioner....
