Learned Mr. Makkad has given valuable advice. Kindly follow it.
The very purpose of notice period is that employer is able to do orderly transition, install replacement, complete exit formalities, and employee is able to firm up his future venture and help the employer to complete the exit formalities.
If you have tendered some notice {as mentioned by you} you have done well to your employer and have displayed character by not causing abrupt termination.
You should structure and draft your notice of resignation carefully.
Address it to your good offices of your appointing authority, MD, Chairman and mention that as per clause number…….. {On resignation/termination} and clause number…….{ on notice period/ notice pay in lieu of notice period}in appointment letter dated……..you are submitting your notice of resignation dated……..and effective date of your resignation/retirement from company and hence last day in office is dated…………..and the notice pay in lieu of notice may be adjusted in FNF statement.
The conditions accepted in appointment letter and service conditions and contractual obligation on both employer and employee.
You may go thru whole of the appointment letter in detail consult elders in the family, competent and experienced well wishers; lawyer law firm and fine tune your representations as suitable to you.
You may mention that:
-- Acknowledgment of your notice of resignation may be supplied to you immediately by redg. post and good offices may make arrangements to relieve you by the close of office hours on dated………and supply you the acceptance of your resignation, last salary slip, work experience/service certificate/ reliving letter, correct FNF statement, Payment of dues as per correct FNF statement by bank DD, form 16 as per correct FNF statement, PF number, attested copies of PF forms {you may submit withdrawal/transfer forms as suitable to you. Transfer is better as you are eligible for pension after 10 years}for submission to next PF office by you, PF account slips for the period of entire period of your service, NOC/NDC etc be supplied to you on your last day in office.
-- good offices may inform you to whom you should handover the charge/company property under acknowledgment and duties may be assigned to you in routine which can be completed within and up to your last day in office, and make arrangements to ensure smooth completion of exit formalities with dated……...i.e. your last day in office.
Kindly note that HR may not provide any relief to you as HR has to serve its masters, and make note of demands of line management who might have issued verbal or written instructions, to not to relieve you. So you may not shy to approach good offices under acknowledgment and if required follow up by issuing reminders and if required try and meet them and convince them.
If the next company is buying out your notice period and if you tender notice pay by cash/DD/cheque and if your current employer decline to adjust the amount paid by you in FNF statement then you may be subjected to double taxation. You may clarify the points with your current employer {preferably in writing and obtain acknowledgment of cheque} and future employer.
You need to build strong rapport with line HR/Line management/ senior management of new company and convince them {followed by written communication} that your previous employer has declined to issue acceptance of resignation/relieving letter/FNF statement etc, and you can provide only the copy of the resignation, is proof of dispatch { by redg. post} and POD {which you can obtain from PO} and obtain their concurrence preferably in writing { even if by email}and understand their stand in your case. The company may agree and may ask you to sign and affidavit/indemnity stating you are not employed elsewhere.
Separation is the time when employee should forge the rapport, goodwill built during the period of employment, and leave with a happy note. This is also a testing time as line management/HR may become adamant and recalcitrant and sometimes zealous and vindictive hence employee should apply goodwill/rapport and exceptional levels of persuasion, negotiation, persistence, reasoning skills, and resolve the situation in his favor.
