Not able to serve notice period

Since a threat of falsification of record and intention of termination has been communicated to you therefore you should act now and act immediately.

You are located in which state and redg. office of the company is in which state?

How many employees are employed in your establishment?

Are you under probation or your service has been confirmed?

Download the service rules, HR policy, service conditions (standing orders: certified /model) applicable to the establishment, exit/severance policy, FNF policy if these are kept at some internal portal or write to HR head to supply certified copy of these at once within close of office hours today and affirm to pay the reasonable charges if any, company wants you to pay.

The notice o resignation is an imp. document and should be carefully drafted so as to defend the long term interest of the employee and to build favorable written record.

All communication now should be preferably be addressed to good offices of appointing authority, MD, CEO ( in place of HR) and be sent by redg. post. Resignation is personal matter and communication for such matters can be sent from personal email id.

If you transact from official email id then later company may not provide copies.

You may highlight that in subsequent communication that no tasks/assignments have ever been assigned to you and there was nothing to gain from employment, and you were rusting................................................this is a valid reason to separate.  

and

no tasks are pending at your end to be completed by you and now onwards routine duties be assigned that can be completed on daily basis with in and up to your last day in office/expiry of notice period i.e. up to dated........................and affirm to tender notice pay if any applicable to you after adjusting in FNF statement.

And

Ask in writing to supply in writing to whom charge/company property is to be handed over under proper acknowledgment.

If the tasks of the separating employee are pending due to which employer may suffer financial or some other loss and employee is unwilling to indemnify the employer the employer may emphasize for service of full notice period by employee.

However in your case no tasks were assigned and you were sitting idle.

>>If any one (mention name and designation) has stated verbally or in writing that company shall mark you as absenting/absconding/abstaining and then terminate ( on false and stigmatic charge) you should counter it in writing and vehemently oppose and claim that you have submitted proper notice of resignation and any attempt to declare you as absent would be falsification of record and transgression.................................with intent to cause damage, and good offices should intervene to provide relief to you and to prevent everyone from declaring you as absconding etc...............

Since such a threat and intention to terminate has been communicated to you therefore you can raise a dispute or even Industrial Dispute now.

>>This should be examined whether the notice period of 2 months shall be applicable in your case or not.

>> Do not forget to submit final resignation on last day in office and to obtain proper acknowledgment of handover of charge and company property and attempt to get NOC/NDC too.

Employee can approach:

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, appointing authority and MD in list of noticees............

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

Your lawyer may ask you a set of structured questions and may opine that you are covered.

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

-Inspector under Shops and Commercial Establishments Act; 

-o/o Labor commissioner and Labor Inspector

-Civil Court.

Most imp. task is to take the next employer in confidence.

It shall be proper to state in writing that you have informed during the interview that notice period is 2 months and offer of joining stipulates to join in 10 days only and if you tender 100 days notice to current employer it may not accept notice of resignation/resignation and may not issue relieving letter, FNF statement/settlement and may terminate in place of accepting resignation. IN such a case the prospective employer that has issued offer of joining should absorb and appoint on the strength of copy of notice of resignation/resignation, and POD only.

Hi Kumar,

Thank you for your reply, I really appreciate this.

One small clarification I need on below cause which is there in my company T&C doc. which i received along with the offer letter. I am ready to buyout but they are agreeing.

"Pay up for the notice period in lieu there of on your annual gross compensation "

I have already started following the above suggestions given by you. Pls suggest on mentioned cause. That will be great help!!!

I am ready to buy out the notice period but they are not agree.. Correction of above statement

You have not posted your reply to:

You are located in which state and redg. office of the company is in which state?

How many employees are employed in your establishment?

Are you under probation or your service has been confirmed?

Is it stated that employer can terminate the employment without notice or notice pay in lieu of notice period?

You have posted that:

-----““I need on below cause which is there in my company T&C doc. which i received along with the offer letter. I am ready to buyout but they are agreeing.

 “I am ready to buy out the notice period but they are not agree.. Correction of above statement”

Have you affirmed to adjust notice pay ( write it as if applicable in your case) in FNF statement and demanded to supply the original and correct FNF statement as hard copy under seal and signature by hand of the competent employee, for verification and acceptance by you?

----“I have got reply from HR saying they have strict 60 days notice period with no deviation and buyout option is also not available. “

Is this reply in writing?

Has the company changed the policy of notice pay in lieu of notice period and supplied the notice of change in policy to you for acceptance well in time and did you accept it?

If NO the policy, rule of notice pay in lieu of notice period shall remain as effective.

-----“I have started giving handover to my collagues which i dont have much to give.”

Obtain proper cknowledgment.

“But not sure whether they will send me the no dues form or not.”

You may demand to supply the certified copy of exit policy and forms/formats within close of office hours (today) and guide for handover of charge. If company has not placed such policy/forms etc on a shared portal in knowledge domain of employee and does not supply it, despite your affirming to handover of the charge, it may imply no handover etc is desired by the company.

“According to hr not serving notice period is abondened to the policy by me which may lead to termination of an employee (me).”

Is it stated in writing? Have you minuted such discussion?

You should minute all transactions.

-----“"Pay up for the notice period in lieu there of on your annual gross compensation "

“

If in  bilateral agreement (e.g appointment letter/contract of employment etc) , rules and regulations, HR policy of the company there is  an option to pay notice pay in lieu of notice then it is the max. liquidated damages employee has to pay.

Resignation can be without permission or notice.

Ideally notice pay is @ Basic+DA as employer tenders Bonus, OT, Gratuity, leave encashment at this rate.

You may look into (name of your state) Shops and Commercial Establishments Act and its clauses and provisions, and check your  eligibility in terms of number of days for EL/Annual leave with wages and ask in writing to reply to you in writing: at what rate the employer shall tender the payment for EL: Basic+DA or Annual CTC.

Or you may download the leave policy and go thru it.

@ Annual CTC would mean divide it with 12 and arrive at monthly CTC and calculate pro rated amounts.

----“ What legal action they can take if they dont provide me reliving and current month salary’

If they do not pay last month salary then they may deposit PF,ESIC, Group Insurance, TDS too, and it shall be a default.

They can at the most demand notice pay.

However if they indulge in unfair, illegal, unlawful, discriminatory practices then you have all the reasons and rights to proceed against the employer.

It is to be seen that notice period and hence notice pay in your case is applicable or not?

A lawyer can advice you on it after examining your docs and inputs.

Service certificate/work experience certificate is to be issued to all employees.

Model Standing Orders:

16. Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

17. Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

Enough has been written in this thread.

Now you may fine tune your representations as deemed fit and suitable to you and proceed as deemed fit at your end.

You may approach your lawyer without any hesitation.

The lawyer that has seen all of your docs and has examined the merits can advice you the best.