The notice period shall remain as 2 months.
If you are tendering 2 months notice as stated in appointment letter then employer should be more than happy.
>> The service conditions including notice period can not be changed verbally and the employer should supply due notice of change and it is discretion of employee to accept or reject.
The date of retirement (relieving date or last day in office or effective date of resignation) is to be chosen by the party that has initiated the separation.
In your case you have tender resignation therefore you have to state the notice period being tendered by you, and effective date of resignation. You may also mention that no tasks as on date is pending and routine duties that can be completed on day to day basis be assigned within and up to expiry of notice period.
You should address the notice to good offices of appointing authority, MD preferably by letter thru redg. post.
and mention the notice period as per clause number..................stated in appointment letter dated..........................issued to you.
Even if you have entered in some internal software ‘Resignation tool’ clarify by notice of resignation thru letter by redg. post.
Vice versa if you are made to enter in ‘Resignation Tool’ state the reference of resignation notice by letter sent by you thru redg. post and enter notice period and effective date of resignation. If the line managers and HR makes any change download screenshot and decline to accept the changes by letter thru redg. post addressed to good offices of appointing authority, MD.
The notice of resignation should be carefully drafted.
The date of relieving can not be more than the notice period stated in appointment letter or standing orders applicable to the establishment and extended to the employee.
If employer want employee to stay for more than notice period then it should request preferably in writing and affirm to pay wages at the usual rate. It is discretion of employee to accept or reject such a request.
>> If standing orders are applicable (Certified/Model) to the establishment and have been extended to the designation of employee and if notice period (service conditions) stated in standing orders is 1 month the notice period in appointment letter can not be 2 months.
Employer should display standing orders at a conspicuous place/notice board/near entrance in establishment and also supply a certified copy on demand to employee against a reasonable charge sat Rs10/-
Employee or anyone can also obtain certified copy of standing orders from certifying officer (CO) which might be DLC in o/o Labor Commissioner at location of redg. office of company.
As per Model Standing Orders the notice period during probation is NIL and max. I month after confirmation of service.
>> If it is a commercial establishment notice period is also stated in Shops and Commercial Establishments Act applicable to the state in which employee is located. It is not more than 1 month.
>> Submit regular reminders in writing under acknowledgment to good offices and request them to inform in writing to whom the charge and company property if any should be handed over under proper acknowledgment on the spot.
>> You must consult elders in the family, competent and experienced well wishers, Lawyer/law firm , Trade unions and proceed under the expert advice.
>> If the line managers and HR are causing harassment by violation of the T&C in bilateral agreement stated in appointment letter you may escalate to good offices now and if good offices are also maintaining studied silence then you may approach the Lawyer/law firm , Trade unions, Inspector under Shops and Commercial Establishments Act applicable to the state, o/o Labor commissioner...........................
Transact in writing and build favorable record.
