The 90 days notice period may not be necessarily applicable to you!
If it is not applicable no labor Office/official, authority, forum, court of law can apply it.
There is unlimited number of threads on similar query at LCI alone.
Majority of the threads demonstrate that either employees are ill informed or sign under duress or they have no other option but to sign or they do not want to update their knowledge and accept everything as destiny.
However al of the threads and experience is sufficient to conclude that today’s’ employees and yesterday students do not unite and participate in various activities that united forums undertake and do not become properly informed and do not develop the skills that are very much required by them.
Learning starts from student life. Uniting also start from student life.
United employee’s can take various provisions available to::::: negotiate service conditions and defend themselves from exploitation.
Are you aware that employee’s can form ‘Works Committee’ that is an authority as per ID Act and has President from Employee’s side and equal number of members from employee’s side………………………..many states have notified that each company shall have GRC (Grievance Redressal Committee)………………………and employees can form unions/IC’s/Guild…………………and that trade unions like CITU/INTUC/AITUC/BMS etc are willing to embrace the employees…………………and that even today even in sectors like IT employees have united and have done a good job/private bank-insurance companies have formed separate unions and have successfully defended themselves…………..?
Non united employees are like sitting duck and susceptible to exploitation.
The appointment letter and clauses inserted in it are drafted by employer and signed with employee.
Now employer can not retract. It shall be breach by employer.
If employee has initiated separation/retirement by notice/resignation then employee shall choose the LWD/expiry of notice period/date of retirement……………………not the employer!
If there is provision of notice pay in lieu of notice period in employment contract (although various enactments that govern the service conditions shall prevail upon any private agreement/rule/policy drafted by employer and signed with employee e.g. appointment letter/contract of employment etc…………and agreement crafted by employer may not be even worth the piece of paper on which it is written………… ) then that is the max. penalty that can be levied.
Even if you don’t write employer can adjust the notice pay in FnF statement/settlement/payment @ as agreed/applicable.
You have submitted notice of resignation of 30 days and 30 days period by all counts should be sufficient for the employer to put his/her house in order.
It is to be seen how you have drafted the notice and how you should draft subsequent communications. Invariably any employee should mention that NO Tasks are pending at his/her end on the day of notice and routine duties be assigned that can be completed on daily basis and within and upto expiry of notice period i.e.dated…………………and to whom he/she should handover the charge/company property (if any) against proper acknowledgment on the spot within and upto expiry of notice period i.e.dated…………………and that acknowledgment and acceptance of notice be supplied at once by Redg. Post only…………………..and acceptance of resignation, correct FnF statement showing earned wages/perks etc/leave encashment/bonus/reimbursements/OT/Gratuity etc/adjustment of correct notice pay at correct rate for correct notice period, be supplied sufficiently in advance for verification and acceptance within and upto expiry of notice period i.e.dated………….and payment of FnF payouts by Bank DD only, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC etc be supplied within and upto expiry of notice period i.e.dated………………..thru Redg. Post only……………..
You should provide full information, pointwise!
What is this establishment registered as: Commercial,Industrial?
What is its line of business:IT,ITeS,banking etc?
How many maxmimum persons are employed in it at any point of time?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules,exit policy,FnF policy that are mentioned in the appointment letter?
Was any appointment letter,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
Has acknowledgment of notice of resignation, supplied to you?
Are you a member of any employee’s/Trade Unions?
What was your monthly salary?
WHO has declined to accept notice of resignation?
Resignation can be without permission and notice!
