Such maters are best resolved by applying rapport, goodwill, exceptional levels of reasoning, persuasion, persistence, negotiation skills, and resolve in favor while in employment…..
If possible suggest in writing the internal/external replacement, and train the designated employee/transfer the knowledge and complete (on record) all tasks on hand.
Such situations shall keep on coming up. Dealing with employer and line management/HR has become a game of chess and it is better to learn and master it.
Resignation can be without permission or notice.
If there is a clause on notice pay in lieu of notice period then it is the maximum compensation either employer/employee has to tender.
Do not leave any room for company to charge you on any count.
Any policy in the larger interest and beneficial to both employer and the employee has the sanction of law as otherwise it will be easily termed as arbitrary.
The increase in notice period is obviously beneficial to Employer.
One month notice is reasonable and sufficient for the employer to put his house in order.
Another option can be that you may mention in notice of resignation that cheque number …….dated……for Rs……is enclosed towards shortfall in notice period and demand acknowledgment/receipt.
Ideally notice pay should be @ Basic + DA as employer disburses Gratuity, Bonus, OT, leave encashment at this rate…..
If you wish you may mention that the FNF amounts may be reduced by amount of notice pay cheque and Form 16 may be issued as per FNF amount reduced by notice pay.
The line management can divide/assign the work to colleagues or amongst themselves. But the arm chair managers do not do it.
The companies and its HR keep on adopting techniques/tactics to obtain acceptance from employees and the insertion of clause on increase in notice period in appraisal process, increment letter is one of such tricks which is applied.
The employee should be smart enough to write on increment letter that increment is accepted and increase in notice period is not accepted…………
In your case you have not submitted the acceptance in writing, thus the increase in notice period (to 2 months and then to 3 months as it may be in your case) should not apply.
Obtain certified copy of standing orders of the company, HR policy, Exit/severance policy, employee rule book etc……, Tgt Vs performance record, appreciations/increments/appraisals………while in employment
However you should start building record in your favor from the first document you submit for separation, e.g. notice of resignation ( by letter thru redg. post addressed to appointing authority) …and cite reference of the concerned clause number…………on resignation/termination in appointment letter dated……..issued to you, and mention notice period/effective date of resignation/last day in office and demand acknowledgment and acceptance.
You may mention that routine duties may be issued to you those can be completed within and up to your last day in office i.e. and good offices may ensure all exit formalities are completed with in your last day in office i.e. dated………
You may mention that you may be supplied a communication in writing to whom you should handover the charge/company property and designated employee should be informed with a copy to you to supply you proper acknowledgment on the spot.
Issue reminders…………
Complete all assignments/tasks on hand and either a communication from line management or submit from your end to build record that nothing is pending at your end.
Notice period is part of service conditions and is stated in standing orders, SE Act applicable to the state. It is stated as max. 1 month in these.
Any change in notice period should have the written concurrence of both employer and employee.
Valuable advice of learned experts/members is sought
