What is this company/establishment: Commercial, Industrial, Small Enterprise?
It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board!
How many employees are employed in it?
What is your designation and nature of duties?
Has your service been confirmed in writing?
Did you lodge complaint with appointing authority, MD,CEO in writing against forced resignation extracted from you and if yes do you have the copy?
Did you submit in writing to supply the cancellation of resignation, accepted by HR?
Did you demand to supply in writing to supply you the acknowledgment of resignation (2nd) and exit formalities?
Since you (employee) have initiated the separation, you shall choose the notice period tendered by you/date of separation or retirement by resignation /effective date of resignation/last day-date in office, not the HR or even employer!
The of resignation can not be preponed/postponed by any one including employer himself!
HR is not your employer and is just another employee (servant) in the company!
Notice period/pay is not as per appointment letter alone.
Notice period/pay is part of service conditions and is stated in enactments/statues/instrument of law applicable to the establishment e.g:::: Standing Orders (certified/model), (name of the state) Shops and Commercial establishment Act and is also mentioned in Service Rules Regulations/HR policy etc reference of which is made in appointment letter also.
There are many threads on similar query e.g;
https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU
You may find many threads relevant e.g.;
https://www.lawyersclubindia.com/forum/Employer-not-giving-acceptance-to-the-resignation-101590.asp#.U2CQrUeBmXU
https://www.lawyersclubindia.com/forum/Company-not-honoring-notice-period-issue-101798.asp#.U2e940eBmXU
https://www.lawyersclubindia.com/forum/Notice-period-serving-101739.asp#.U2e-PUeBmXU
Even if notice period mentioned in appointment letter is 3 months it may not be applicable to you! It may be max.1 month or it may also come out to be 3 months after you have replied to the questions asked above.
Submit a gentle representation to the good offices of appointing authority, MD, CEO narrating all representations made so far in person, by phone, by emails (download copies) etc and mention all names, dates and brief minutes of discussion including no reply and revert to you and build favorable record in writing, of course under proper acknowledgment.
Don’t forget to highlight your contributions, achievements, conduct, character displayed, awards/rewards, etc and that as on date no tasks/assignments are pending at your end and routine duties be assigned that can be completed on day to day basis within and upto last date/day in office and to whom you should handover the charge and to make proper arrangement to to supply ……………acknowledgment of notice of resignation immediately,acceptance of resignation, service certificate, relieving letter (with good comments and avoid without or with adverse comments), FNF statement, FNF dues by bank DD only including performance incentives, arrears etc (thru redg. Post),Form 16 as per correct FNF statement, PF number (if applicable), ESIC card (if applicable), salalry slip of all onths of employment, etc……………………by redg. Post only…….within and upto last date in office by redg. Post only.
Resignation is a personal matter and can be communicated from personal email id however it should be preferably by letter thru redg. post.
