Notice pay recovery, though i am ready to serve the notice p

You have posted that:

----"Hence, I wrote them back that if waiver is not possible, I will serve the full notice period of 2 months."

This goes in our favor.

----On which HR replied that my handover is already done and serving notice is not possible (this reply is just in a days time) "

HR personnel is not your employer. Is it?

HR has to mid its own interest, job and internal/unwritten/published policies of employer for HR.

You can escalate to good offices of appointing authority, MD, Chairman.

Employee can withdraw the notice of resignation anytime before expiry of notice period.

Employer can not accept resignation before expiry of notice period tendered by employee.

----"I have to pay the notice pay, otherwise FnF will not be processed and relieving letter will not be issued."

This may get termed as coercion,threat.

The employer in any case has to supply the salary slip of each month showing any adjustment/deduction etc.........................and FnF statement showing computation of earned wages/adjustment of notice pay/bonus/leave encashment etc and net amount payable by employer/employee.

Service certificate has to be supplied to all employees.

Relieving letter signifies that employee has separated and nothing is pending at the end of employee.

In any case you have handedover as per your post. Hope you have the acknowledgment of handover.

----"It was a system driven process"

The handover etc need not be system driven as you have posted.

YOu could have chosen to decline the handover as well.

You have not posted full information about what is this establishment, your designation and nature of duties, state in which you/your office/redg. Office etc are located..... and are you a member of any employee's/trade union member etc

You may however now consult an able counsel specializing in labor-service matters and show all employment related docs on record etc...................and let your counsel structure your representations.

Thanks Mr. Kumar,

Actualy I am heading Payroll vertical and reporting to Head HR. System driven means the "Exit formalilites are system driven". I have done the hand over to my team members on the last day.

Can i ask for the Feb balance salary and other dues instead of paying notice pay on this ground?

Kiran K

You may not be covered as per def. of 'Workman' as in ID Act.

Explore thru your counsel if you can be covered as per def. of 'Employee' as in Shops & Estbs Act of your state.If yes the notice period shall be as per length of service and may not be 90days.

You have already stated that you shall serve full notice period and might have stated that the handover was forced and as per system and does not imply that you have withdrawn willingness to serve notice period.The employer can ask to handover even if employee is in employment.

Rest depends upon your resolve, record that you have or have built ,your own skills and examination of merits and options by your counsel.