One month notice period is essential

Employer may not agree to adjust leave in notice period.

Employer may encash the earned leave in FNF statement and deduct the notice pay.

Employer can not decline settlement.

Employer may not agree to adjust leave in notice period.

Employer may encash the earned leave in FNF statement and deduct the notice pay.

Employer can not decline settlement.

As per legal point of view employer can-not force employee to serve 1 month notice period for giving f&f settlement. For giving f&f settlement and experience letter he may charge amount of rest days, but never force employee to do complete notice period.

Regards:

Vikas

You may submit a representation in writing under acknowledgment, addressed to good offices of your appointing authority, MD, Prop, with a copy to Head-HR(if any) and narrate the details. You may enclose details of payables by company to you, and detail of payables by you to company (notice pay), and ask the company to verify the details and supply you acceptance of resignation, work experience/service certificate, FNF statement, payment of your dues by bank DD, form 16, PF number/accumulation reports/attested copy of withdrawal or transfer forms as per your choice, by redg/speed post, so as to reach you within next 7 days. You may mention that postage prepaid (as purchased from PO) self addressed envelope for sending the redg post/speed post to you is enclosed.If as per correct FNF statement you have to pay the dues to company you may do so and obtain your documents from company.

If the good offices also do not grant relief you can issue a legal notice, and approach o/o Labor Commissioner, Chief Inspector under SE act, Wages Inspector or civil court as deemed fit.

You are HR executive so you would know how to proceed.

No employer can force an employee to serve notice period until otherwise the acknowledged and agreed appointment order's terms and conditions by the employee. If an employee is not able to serve notice as per the rules of the organisation, the employer can insist the employee to pay the salary for the notice period. But the notice period salary can be waived off by the employer.

No employer can force an employee to serve notice period until otherwise the acknowledged and agreed appointment order's terms and conditions by the employee say so. If an employee is not able to serve notice as per the rules of the organisation, the employer can insist the employee to pay the salary for the notice period. But the notice period salary can be waived off by the employer.