Basic + DA.
Company disburses bonus, encashes paid leave @ Basic + DA.
This is the time to apply goodwill, rapport and exceptional levels of persuasion, persistence, reasoning, negotiation skills and resolve the matter in favor of employee without any altercation, tussle, and delay. Such matters are best resolved amicably while in employment.
Company at its discretion may agree to adjust your annual leave in notice period.
Company may not agree to allow any leave during notice period and may instruct to extend notice period by the number of days of leave if any taken by you.
Companies are known to ask to serve full notice period and resort to tactics, arm twisting and if employee does not serve full notice period may resort to declare the employee absconding and insert termination order in personnel file of employee.
Therefore employee should always transact in writing under acknowledgment and represent to good offices preferably by letter thru redg. post. All company may personnel may not be authorized to sign on the letter head and some senior and sensible company personnel may reply by letter. There shall not be unnecessary intrusion by line management and junior executives of HR.
Address your notice of resignation to good offices of your appointing authority, MD, Chairman, and mention effective date of resignation/last day in office and affirm to adjust notice pay in FNF statement as per clause number ………in appointment letter dated….. issued to you. You may add that if any amount is payable by you as per net amounts in FNF statement it shall be disbursed by you by crossed a/c cheque favoring the company the receipt of which should be issued under seal signature of the competent employee on the spot.
Request the good offices to ensure smooth completion of exit formalities and inform you, to whom you should handover the charge, company property {if any. Under proper acknowledgment to be issued to you on the spot}and assign you normal duties which can be completed up to and within your effective date of resignation/last day in office and to supply you the acknowledgment and acceptance of notice of resignation immediately by redg. post, and to ensure that acceptance of resignation, correct FNF statement, payment of FNF dues by bank DD, paid leave, superannuation { if any}, bonus, performance pay, Form 16 as per correct FNF statement, PF number, PF accumulation reports of entire period of service, work experience certificate/service certificate, reliving letter, NOC/NDC etc…. is supplied to you by your last day in office.
You may mention that you have completed 5 years of service and are eligible for gratuity and it be computed in your FNF statement and be paid to you. You may also submit FormI for payment of gratuity and obtain acknowledgment on the copy of it with company seal and date. As you are notifying the employer of your date of retirement you can submit FormI a month in advance. Employer must pay gratuity within a month.
You may submit reminders obtain acceptance and submit final resignation on last day in office. You may mention that postage prepaid {as purchased from PO} self addressed envelope is enclosed herewith for sending the redg/speed post to you.
Request the good offices to instruct all concerned to dispatch all communications to you by redg. post only and if required you may be advised in writing to submit more postage prepaid self addressed envelopes
If you are not a key employee involved in any project or you not handling any project or if your absence shall not affect the ongoing projects you should make it clear in writing and thus clarify that your separation shall not adversely affect the company. You may give an idea of the tasks/assignments/projects assigned to you and which have been completed to you. This shall help you in the long run.
Notice pay in lieu of notice is the only penalty you have to face as per terms of your appointment mentioned by you. However you may not leave any room for the employer to charge you on any count e.g. having caused loss. You are displaying character by not causing abrupt termination. One month of notice is reasonably good notice. Employer should have its succession plan. Good, Organized, Professional companies should have it. The senior management should divide the work of outgoing employee amongst one or more and should lead from the front.
As a goodwill gesture you may suggest some internal/external candidates to good offices who can fill for you, and help your good offices.
Software companies are covered by SE Act.
The notice period expressed in SE Act is one month for employee of your vintage.
e.g. SE Act Delhi:
30. Notice of Dismissal : One Month.
State of Karnataka has ended the blanket exemption granted ot IT companies from the provisions of IESO Act. Hence companies may frame their certified standing orders or Model Standing orders shall apply.
13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
You can access SE Act applicable to your state, IESO Act and Draft Standing Orders from the Dept. of Labor Website of your state or buy from market.
The company has to adhere to the provisions of the Maternity Benefit Act e.g.
Restrictions placed by the Act on the employment of women:
iii A pregnant woman can also request her employer not to give her any work which is of an arduous nature or which involves long hours of standing, etc. during the period of one month immediately preceding the period of six weeks, before the date of her expected delivery or any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence, under the Act. On such a request being made by her, the employer shall not give her such work during such period. {Section 4}
Is a woman entitled to any leave with wages for illness in addition to the period of absence allowed to her under the provisions of the Act?: A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}
As you are pregnant you can request and your employer shall have to assign you to work which is not of arduous nature.
If you avail any of the benefit under Maternity Benefit Act avoid resigning during the leave. Join duties and then resign.
It is considered to be better to mention the reason of resignation in notice of resignation.
You have mentioned two reasons: your husband would be leaving India and you shall be accompanying your husband, and you are pregnant. If the employer is reasonable and good employee shall understand and relieve gracefully without throwing tantrums. However, you know your employer better than any one else.
If the employer is not good employees may mention misconduct experienced by employee and claim employer is unworthy of being employed with.
Employee should record incidences of misconduct and keep evidence.
Pregnancy can be difficult for a lady. If you are facing complications, let your doctor write everything on your card and you may obtain advice by doctor supported by medical certificate for bed rest.
However you may affirm to good offices that you are willing to co-operate and handover charge and the same may kindly be finished within dated………..
You may go thru Maternity Benefit Act enclosed herewith.
You may fine tune your representation as suitable to you.
It shall be appropriate to submit carefully structured representations under proper acknowledgment to good offices build record and maintain a file at home.
