>>> HR Policy:
3.2.1: Not Necessarily; Rather employee should always preferably tender notice of resignation by letter addressed to appointing Authority, MD,thru Redg. Post. And obtain acknolwedgment from company and POD and certified copy of run sheet of postman from PO.
By sumitting on some internal software tool you have given unwarranted (to you) intervention by line managers, HR that are not just another employee in the company and not your employer.
Until or unless the Board of the Compnay authorizes no one has any right or comepetence to accept or reject resignation, appoint or terminate.
3.2.2;NO. Once employee has resigned he/she has ended the employment, employer-employee relationship. Either of employer, employee can initiate separation.
Resignation can be without permission or notice.
3.2.3; Whatever compnay may write in its internal/private policies the private policies of the compnay are not and can not be law unto thesmselves.
The compnay that operates in India is subordinate,servant to law of the land and lawful authority.
As per varuous enactments the notice period and notice pay and rate of notice pay has been well defined and compnay can’t change it,redefine it, modifiy it,amend it,………………………………………….misinterpret it, change it style and nomenclature…………………………………..SIMPLY SAID ESTABLSIHENT AND EMPLYER ARE SUBORDINATE AND SERVANT TO LAW OF THE LAND AND LAWFUL AUTHORITY.
E.G. as stated in (name of the State) Shops and Commercial Establishments Act of many sates it is @ last month’s wages…………
3.2.4; The notice period/pay stated in any prvate agreement that employer has signed with employee CAN NOT HENCE shall not overrule, supersede, prevail upon the statues/instrument of law/enactments applicable to the establsihment.
ESTABLSIHENT AND EMPLYER ARE SUBORDINATE AND SERVANT TO LAW OF THE LAND AND LAWFUL AUTHORITY.
T&C inserted in any any prvate agreement that employer has signed with employee e.g. appointment letter, contract of employment that is inconsistent with statues/instrument of law/enactments applicable to the establsihment/law of the land shall not survive.
3.2.5: NO. This is illegal, unlawful, contempt of the judgements delivered by apex court of ‘Republic of India’.
e.g.; Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers ...
The effective date of resignation tendered as per notice of resignation/resignation by employee can not be preponed, or postponed by employer.
3.2.6: YOU MAY AGREE TO IT, AND QUOTE IT IN NOTICE OF RESIGNATION,SUBSEQUENT COMMUNICATIONS, OF COURSE UNDER PROPER ACKNOWLEDGMENT.
JOB APPLICATION, JOINING, RESIGNATION IS A PERSONAL MATTER AND CAN BE COMMUNICATED FROM PERSONAL EMAIL ID OR BY LETTER.
>>> Increment letter 2013
First of all it in unfair, coercive practice to include the clauses on notice period etc in Increment letter and get the acceptance via acceptance to increment. The increment is granted after due process of appraisal.
EMPLOYEE SHOULD BE CAREFUL, VIGILANT TO WRITE ON COPY OF SUCH LETTER THAT “INCREMENT ALONE IS ACCEPTED”…………………………………….AND/OR ADD THAT CHANGE IN NOTICE PERIOD IS NOT ACCEPTED”…………………………………..AND?OR ‘Received’ (only).
Change in Notice Period amounts to change in service conditions and it can not be made without prior notice of 21 days as per The Industrial Disputes Act, 1947: Sec:9A…………
2. It is stated that ‘and consistent with governing law’…………………………………
What is this Governing Law?
The service conditions are stated in and governed by Standing Orders applicable to the establishment (Certified/Model) and extended to the designation of employee, ( Name of the State) Shops and Commercial Establishments Act…………….and various enactments applicable to the establishment.
The notice period is not dependant on appointment letter/contract of employment alone.
IN FACT THE T&C INSERTED IN APPOINTMENT LETTER OR ANY OTHER POLICY AND ANY PRIVATE AGREEMENT THAT EMPLOYER HAS DRAFTED AND SIGNED WITH EMPLOYEE, THAT IS INCONSISTENT WITH STATUE/INTRUMENT OF LAW/STANDING ORDERS SHALL NOT SURVIVE.
In your case notice period of 2 months may not be applicable. Check with your lawyer.
You may go thru:
If standing orders are applicable but are not certified the Model Standing Orders shall apply.
As per Model Standing Orders notice period during probation period is NIL and after confirmation of service it is 1 month only and FnF wages and service certificate has to be supplied by last day in office.
YOU may go thru Sec13 to 18.
Thus even if notice period is amended to 2 months via increment letter, it shall continue to remain either NIL or 1 month.
If standing orders are not applicable then service rules and regulations/HR policy etc that is mentioned in appointment letter should also be looked into, AND THESE TOO SHOULD BE IN LINE WITH ( Name of the State) Shops and Commercial Establishments Act………………………APPLICABLE TO THE ETABLSIHMENT.
Notice period ( A PART OF SERVICE CONDITIONS) is also stated in (Name of the State) Shops and Commercial Establishments Act.
It has been mentioned in one of threads that Chief Inspector under this Act stated that notice period stated in the Act shall prevail upon notice period stated in appointment letter.
Designation alone does not decide employee is covered as ‘Workman’ as in ID Act and ‘Employee’ as in (Name of the State) Shops and Commercial Establishments ACT.
hAVING EXPALINED IT YOU MAY WITHOUT FAIL STATE IN NOTICE OF RESIGNATION AND SUBSEQUET COMMUNICATIONS THAT NO TASKS ARE PENDING AT YOUR END AND ROUTINE DUTIES BE ASSIGNED TO YOU THAT CAN BE COMPLETED WITHIN AND UPTO LAST DATE IN OFFICE (EXPIRY OF NOTICE PERIOD TENDERED BY YOU) AND TO WHOM YOU SHOULD HANDOVER THE CHARGE AND COMPNAY PROPERTY ( DRAW A LIST AND ASK TO VERIFY) WITHIN AND UPTO LAST DATE IN OFFICE……………………UNDER PROEPR ACKNOWLEGMENT ON THE SPOT……………AND TO INFORM YOU THE EXIT FORMALITIES IF ANY IMMEDIATELY.KEEP COPIES OF NOC/NDC ETC………………YOU MAY ADD THE INFOR LIKE ……………12 PEOPLE ARE IN MY TEAM ETC…………
CHECK WITH YOUR LAWYER.
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?
The establishment works for how many days/week? ( You might be eligible for Gratuity.)
YOU and also Redg. office of your employer is located in which state?
It is guessed that you are with some support group of some Private Insurance Company?
You may not mention details about the Insurance Company but the establishment that is your actual employer.
It is for your information that Unions of employees of Private Life Insurance Companies have been formed in many states and they have done a good job.
The first line managers (like DO of LIC) is declared a ‘Workman’!!!!
Unions are best platform to negotiate service conditions and to address such issues.
When union are there to represent the line managers, HR , employers shall not violate the rights of employees with impunity.
Are you aware that employees can form ‘Works Committee’ and it is an authority and President /Chairman is on rotation from employees/employer and it has equal number of employees from employer/employees?
The Industrial Disputes Act, 1947THE INDUSTRIAL DISPUTES ACT, 1947
CHAPTER II: AUTHORITIES UNDER THIS ACT
3. Works Committee