Resignation and notice period.

Hi Mr. PSK 

From the contents posted by you above, i undertand that your appointment is free of any probation and confirmation. Your appointment is merely a contract nature to serve the organisation with your experties. 

However, as you mentioned that the appointment letter states NOTICE FOR 2 MONTHS from both Employer and Yourself, there has to be two months clear written notice from either side. In your above case, as you have got offer from other company, though your present employer do not accept or confirm your resignation, you are not wrong if you have posted it to your current employer's knowledge of your expression of resignation. Your days countdown begins from the date you have conveyed in your email resignation or if not any particular date, then it may be reckoned from the date of your email resignation. 

You may further upon expire of the Notice period as per your appointment letter, come out of job and join other organisation. But be clear with new company in advance with them about this situation that you may or may not get releiveing letter from old compnay. if your  new employer is ok with this situation to accept you, its well and good.

Rest is matter of  dispute if you old employer wish to object or dissent your resignation. 

Alternatively, you may bargain with  your current employer on part of package if its the concern of yoru leaving current place of work.

Its my view on your given content.

For more clarification, you may call on 9619666464.

Regards 

Hemant

Mr. Shukla has given valuable advise. Kindly follow it.

Such matters are best resolved by applying rapport, goodwill, exceptional levels of reasoning, persuasion, persistence, negotiation skills and approach should be tactful. 

The issue is that next employer is asking you to join in 1 month time, due to its internal and self centered, selfish reasons. If you join it shall be benefitted. However you should also not suffer loss of any kind.

Therefore it shall be most appropriate to narrate in writing that you have already explained during interview that notice period in current employment is 2 months and current employer is unwilling to relieve you without service of notice period and is not providing acknowledgment, acceptance of notice of resignation and resignation and is unwilling to issue relieving letter, service certificate, FNF statement and payment of FNF dues……………..etc. Hence company should confirm to you in writing that it shall absorb you on the strength of copy of notice of resignation, its POD only and must compensate you for notice pay tendered by you and you can not provide FNF statement showing adjustment of notice pay if it is not supplied by current employer. Hence it should not demanded to pay you notice pay compensation, and same should be paid immediately on joining.

You also seem to be keen to leave current employment and join the new employment.

Since you have resigned it is time to build favorable record in writing and under proper acknowledgment. You should not leave any room for company to charge you on any count………………..

You have posted that the notice period is 2 months. Is there a mention of notice pay in lieu of notice period too? If yes it is operational and you can cite it in notice of resignation, subsequent communications, final resignation………………….in all communications.

Company/Managers have demanded to serve notice period of 3 months. It is a transgression and breach. They can only request and it is up to you to accede or decline.

If company/Managers have asked for it verbally in office then they might have inserted notings in your personnel file too, hence you may think upon and decide whether you should submit minutes…………….in writing with a copy to you.

 Resignation can be without permission and notice.

Manager may not be the competent authority to appoint, accept notice, terminate.
Manager is not your employer.

Notice of resignation/resignation is personal matter and should be submitted to good offices of appointing authority, MD………………………..preferably by letter thru redg. Post with AD, and notice period being tendered, effective date of resignation be clearly mentioned, adjustment of notice pay towards shortfall in notice period, as per clause number………………………..in appointment letter daed……………. in FNF statement be affirmed.

It should be mentioned that NO tasks/assignments as on date are pending and routine duties that can be completed within and up to last day/date in office i.e. dated……………………………..be assigned on day to day basis and to whom the charge should be handed over, under proper acknowledgment on the spot.

The good offices should be requested to acknowledge receipt in writing and ensure that acceptance of resignation, service certificate, relieving letter, FNF statement for verification and acceptance, payment of FNF dues by bank DD, PF number-a/c slips, ESIC card, Form 16 is issued ands supplied by redg. Post before and within and up to last date in office.

If company has some internal resignation software tool and you are being pressed to post it there then prior to that submit the letter and quote the reference of letter already submitted and brief minutes. 

Download the copy.

Since you are apprehending resistance from manager you should be careful and build favorable record in writing under proper acknowledgment with a copy to you.

For service conditions e.g. notice period/pay appointment letter alone should not be referred to and standing orders, service rules and regulation may also be gone thru.

 AS AGM you may not covered as ‘Workman’ as in ID Act however your lawyer may opine that you can be covered as ‘Employee’ as in (Name of the state) Shops and Commercial Establishments Act……………….

The company would claim that relationship is of ‘Master and Servant’, the ‘Specific Relief Act’ shall operate and contract of personal service can not be enforced in court of law, and jurisdictional court is location of its redg. Office………………….etc and that tasks are pending and employee shall have to serve till tasks are completed or serve full notice period…………………………………..or it shall suffer financial or other loses and employee is unwilling to indemnify it against such loses.

You may show the appointment letter, HR policy/service rules and regulations mentioned in it to a service lawyer and proceed under expert advise of your lawyer.

Submit regular reminders preferably thru redg. Post and remain amiable, gentle and alert.

Defend your interest in the best possible manner.

Be smart.