If notice pay in lieu of notice period is stated in appointment letter issued to you then you can tender resignation any time and notice pay for shortfall in notice period.
45 days is more than sufficient for the employer to put his house in order.
Submit all communications addressed to good offices of appointing authority, MD...................................including notice of resignation quoting clause number........................(on Notice pay in lieu of notice period) in appointment letter dated.............................issued to you, preferably by redg. post.
Employee should mention in notice of resignation and subsequent communications that no tasks are pending at his end and to whom he should handover the company property and from this day onwards routine duties that can be completed on daily basis should be assigned within and up to expiry of notice period/last date in office i.e dated...........................
HR is just another employee like you in the company and is not your employer.
IT/ITeS companies are covered by Shops and Commercial establishments Act of the state and standing orders are applicable.
Notice Period is stated in Standing Orders applicable to the establishment (Certified/Model) and extended to the designation of employee. Model Standing Orders being statue have statutory force and standing orders once certified become instrument of law and shall prevail upon any private agreement signed by employer with employee e.g. appointment letter, contract of employment..............
If notice period stated in standing orders is NIL it can not be even 1 day in appointment letter.
Employer has to display standing orders at a conspicuous place/Notice board and has to supply certified copy to employee.
You may go thru Model Standing Orders: Sec13, 16, 17, 18
Notice period applicable to Probationer is NIL and to confirmed employee is 1 month.
Your lawyer may opine that standing orders are applicable to you.
Notice period is also stated in Shops and Commercial establishments Act of the state.
Designation alone dos not decide employee is covered as ‘Workman’ as in ID Act and as ’Employee’ as in
Shops and Commercial establishments Act.
Your lawyer may opine that you are covered and standing orders are applicable to you.
If you are not covered then the service conditions as in appointment letter, service cods and regulations of the establishment may be looked into.
There are many threads on similar queries that you may find relevant e.g;
https://www.lawyersclubindia.com/experts/Resignation--446881.asp#.UtrCUNK6aXY
https://www.lawyersclubindia.com/experts/Left-job-without-serving-notice-period-any-legal-action--447186.asp#.Utq6_tK6aXY
https://www.lawyersclubindia.com/experts/Harassment-by-employer-447551.asp#.UtrBBdK6aXY
https://www.lawyersclubindia.com/forum/Need-to-understand-the-notice-period-law-95837.asp#.UtrBXtK6aXY
https://www.lawyersclubindia.com/experts/not-serving-notice-period--447391.asp#.UtrBg9K6aXY
https://www.lawyersclubindia.com/experts/Resignation--446881.asp#.UtrCUNK6aXY
https://www.lawyersclubindia.com/experts/Left-job-without-serving-notice-period-any-legal-action--447186.asp#.Utq6_tK6aXY
https://www.lawyersclubindia.com/experts/Harassment-by-employer-447551.asp#.UtrBBdK6aXY
https://www.lawyersclubindia.com/forum/Need-to-understand-the-notice-period-law-95837.asp#.UtrBXtK6aXY
https://www.lawyersclubindia.com/experts/not-serving-notice-period--447391.asp#.UtrBg9K6aXY
