Such matters are best resolved tactfully by applying rapport, goodwill, exceptional levels of persuasion, persistence, negotiation, reasoning skills…………..
You are being tricked by manager and it is a commonly applied trick.
You are in which state?
The redg. offie of the company is in which state?
What is this establishment: Industrial or Commercial?
The establishment must have displayed its registration certificate and standing orders near entrance , on notice board.
It is believed that your transactions with your manager are all verbal.
Verbal transactions are not on record.
Resignation should be addressed to good offices of appointing authority, MD……………..and be submitted preferably by redg. post under acknowledgment.
You have posted that:
------“the project to which i was assigned at the time of resign is over i.e all ongoing activities are complete”
The notice period/effective date of resignation/last date in office implying date of retirement from company is to be stated by employee clearly if employee is initiating separation by way of notice of resignation.
You need to mention in writing that on date of notice of resignation all task were completed by you and nothing was pending at your end. You should keep copies to establish it if required to be proved at any point of time. You should also submit the proof of it to good offices.
-------“he is assigning me to another NEW project.’
You need to put in on record in writing and that from date of notice to effective date of resignation
( to be submitted by you in notice of resignation) the routine tasks/duties may be issued to you which can be completed within and up to last date in office.
-------“Its been 45 days passed since my resignation is accepted.”
Obtain the copy of acceptance and keep in your record.
-------“I asked my manager to reduce the notice period from 90 days to 30days but he didn’t and gave me reason of the ongoing project criticality .”
As already pointed out the notice period/effective date of resignation/last date in office implying date of retirement from company is to be stated by employee if employee is initiating separation by way of notice of resignation.
Since company wants that tasks be completed within notice period and handover of charge be given you may affirm in writing that tasks are completed by you and ask to whom you should handover the charge under proper acknowledgment.
If you have tendered notice of resignation with notice period of 90 days but now you want to reduce the notice period then you have erred while drafting the notice of resignation.
-------“ Attached file contains the clause for termination present in offer letter.’
No file is attached.
You may approach a competent and experienced labor consultant/service lawyer at your location with copies of all docs on record and let your lawyer structure and draft all representation now.
Resignation can be without Notice or Permission.
In case of breach by one party the party which has breached the contract is to compensate the other party. The compensation is stated in appointment letter in the form of notice pay @ basic pay.
The employer can adjust notice pay in FNF settlement.You may affirm that notice pay be adjusted in FNF statement.......................and then in settlement.
Or if you are sure that you have drafted notice of resignation and subsequent representations and have covered all loop holes then you may send cheque for notice pay towards shortfall in notice period, demand acknowledgment on the spot and demand that notice pay be shown in FNF statement and FNF amounts be reduced by it and Form 16 be issued accordingly.
If notice pay is stated in appointment letter, standing orders of the company then this is the maximum amount of liquidated damages company can claim.
Notice period is part of service conditions and service conditions are stated in standing orders of the company, contract of employment/appointment letter, statue………………..Notice period is also stated in Shops and Establishments Act of the State.
Service conditions stated in standing orders can not be negated to employee in appointment letter.
If notice period is 1month in standing orders it can not be 3 month in appointment letter.
There is a mention of completion of tasks which you need to explain and counter in writing, and establish that on the date of initiating resignation you had completed the project. You should not leave any room for the company to charge you on any count and claim unfinished tasks and loss etc…………..
