You are making the same mistake that majority of the employees make…………….
You should have mentioned your notice period of 90 days in employment application and asked the future employer to agree to buy your notice period and pay the amount unconditionally immediately upon joining……….
Has the current company replied in writing threatening legal action/adjustment of notice pay?
Why the company is threatening legal action wile it can adjust notice pay in FnF statement/adjustment?
If you are resigning by 30 days notice period by notice pay in lieu of notice period then it is not misconduct!
You should not remain entangled with Line Managers/HR personnel and approach good offices of appointing authority,MD,Chairman citing unequal notice period and for waiver off notice period and pay of ……days……..and to supply you the acknowledgment of notice, acceptance of
Resignation (although the reply if it is written reply can be deemed as acceptance of resignation)………….correct FnF statement for verification and acceptance affirming to adjust CORRECT notice period/pay in FnF statement, SERVICE CERTIFICATE, relieving letter, PF number with a/c slips of all years,ESIC card,NOC/NDC, acknowledgment of handover of charge/company property, Form16 as per correct FnF statement…………………etc by Redg. Post within and upto LWD i.e. dated………….as per notice of resignation……….and affirm that NO TASKS ARE PENDING at your end and routine duties be assigned that can be completetd on daily bais and within and upto LWD i.e. dated…………………and ask to whom you should handover the charge under proper acknowledgment on the spot.
Employees that do not form unions and affiliate with Trade Unions are ill informed and are susceptible to exploitation…..
Employees at any designation can unite and negotiate their service conditions…….
The current and future employer may have a written or unwritten policy to give joining time of 30 days to incoming employees and 90 days notice period to outgoing employees………………
The employee should negotiate service conditions properly at the time of joining.
The contract of employment should promote equitable discretions and extract on the the notice period/pay posted by you can easily be termed arbitrary……….
The notice period/pay is part of service conditions that are governed by various enactments applicable to the establishment/employer/employee e.g. (name of the state) Shops and Commercial establishments Act, standing Orders (certified/model) and if you go thru these you will find that notice period is not more than 30 days……………………and these enactments being Act/instrument of law/statue shall prevail upon any private policy drafted by employer and signed with employee e.g. appointment letter/HR policy/service rules and regulations etc………………………
Your able labor Law Consultant/service matters lawyer may ask you a set of structured questions and opine that designation alone does not decide and you shall be covered as ‘Employee’ as in (name of the state) Shops and Commercial establishments Act…….’Workman’ as in ID Act……………….and that standing orders shall apply to establishment and that if not certified model standing orders shall apply…………..and can also find out if standing orders were certified and your designation is covered….
