The HR/Line Managers are acting to set a precedence to deter other employees, and as per Employer’s policy for them. They may not provide any relief to you.
Resignation can be without permission/notice. If option of notice pay in lieu of notice period is in service conditions then you may quote it. The employee can’t be held against his wishes. The employer may insist to serve the notice period if tasks are pending and employee is unwilling to indemnify the employer against any loss financial/or other that employer may suffer due to unfinished tasks……………….
The notice period (service conditions) is stated in standing orders (certified/model) applicable to the establishment and extended to the designation of employee, appointment letter, service rules and regulations mentioned in appointment letter.
Any change in service conditions (notice period) is to be properly communicated in writing by employer to employee and should be accepted/declined by employee in writing to take an effect.
Service conditions that are inconsistent with standing orders shall not survive.
If standing orders are applicable but are not certified then Model Standing Orders shall apply.
As per Model Standing Orders:
Sec;13; Notice Period applicable to Probationer is NIL and to a confirmed employee it is 1 month.
Sec 16, service certificate should be supplied to all employees.
You may mention in writing under proper acknowledgment that as on date no tasks/assignments are pending at your end and now onwards routine duties may be assigned that can be completed on day to day basis within and up to last date/day in office i.e. dated………………….and to whom you should handover the charge, and notice pay be adjusted in FNF statement and it may be sent to you for verification and acceptance.
30 days by all counts should be sufficient for employer to put his house in order and induct replacement.
If notice period stated in appointment letter issued to you is 1 month and no change in it is ever communicated to you and accepted by you then instead of remaining entangled with HR you should submit a representation to good offices of appointing authority, MD, Chairman………………….in writing under proper acknowledgment with a copy to you and you should obtain POD also.
In this representation you must narrate all representations made so far by phone, in person, in writing with dates, names, phone numbers and brief minutes of discussion, and conclude that no change in notice period was ever communicated to you and accepted by you, and you may also ask why your official email id is blocked (IN a smart language it should mean that you have been relieved?). You may mention that your career, employability is affected.
It shall be appropriate if such representations are drafted by your lawyer.
If your company is commercial establishment and you are covered by the def. of ‘employee’ then the Inspector under (Name of your state) Shops and Commercial Establishments Act ( Labor Inspector may be holding this charge too) may opine that max. notice period is 1 month.
Since without relieving letter next employer shall not absorb you it shall be futile to join without it. If you stop attending to office, the current employer may harass you by declaring you absconding or leveling some charge in its internal records and state so in BGV.
If notice period applicable to you is say 3 month’s the employer may not agree to adjust it against any leave.
However in FNF statement/settlement employer may encash earned leave, compute other payables and adjust notice pay.
If the good offices also do not provide sought relief then you have the option to reconsider your decision and remain in employment till 3 months and/or seek extension of joining time from next employer (preferably in writing) stating the reason.
You should have consulted your labor consultant/service lawyer at the first instance when HR commented that notice period applicable is 3 months and should acted then and there and should have resolved the matter within 1 month.
You may record the transactions with HR/Line managers (audio/visual).
You may approach a Labor Law consultants/Service Lawyers par along with copies of job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, resignation notice, etc …………. Communications exchanged with company give inputs in person and proceed under the expert advice of your lawyer.
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The lawyer that has examined all docs and inputs can advice you the best.
You have the option to approach:
----Employees Unions
--- Trade Unions e.g; CITU, AITUC, INTUC, FMRAI ............................
--- Inspector: Shops and Commercial Establishments Act
--- O/o Labor Commissioner
----Lawyer/Law firm
---Civil Court
