Employment contracts should promote equitable discretions or these can easily be termed arbitrary/one sided/lop sided/sham/bogus etc.
Notice period/pay is part of service conditions that are governed by various enactments/statue/instrument of law applicable to establishment/employer/employee…………………that will prevail upon any private agreement that employer or its attorneys in HR/Legal cell have drafted and signed with employee(s) be it appointment letter, contract of employment, HR policy etc……………….
Any agreement that violates enactments/statue/instrument of law is not even worth the piece of paper on which it is written.
The notice period of 60 days may not necessarily be applicable to you.
Is the next employer willing to absorb you without service certificate, relieving letter……………..and is it buying your notice period?
Resignation can be without permission and notice!
Relieving letter only signifies that; Employee has separated and nothing is pending against employee.
If employee has decided to retire by resignation then employee shall chose the date of retirement/LWD/expiry of notice period.
What is your current establishment registered as: Commercial,Industrial?
What is its line of business:IT,ITeS, etc?
How many maximum persons are employed in it at any point of time?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have, appointment letter, HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?
Is there any clause on arbitration for all matters in appointment letter?
Was any,salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
What is the notice period tendered by you?
Has acknowledgment of notice of resignation, supplied to you?
Are you a member of any employee’s/Trade Unions, insurance employee’s unions?
What was your monthly salary?
Did you inquire with HR verbally or in writing?
Did HR reply verbally or in writing?
Did you escalate further to good offices of apointing authority,MD,Chairman in writing under proper acknowledgment?
You should provide full information, pointwise!