You may carefully go thru the documents including but not limited to job advertisement, interview call letter, selection letter, offer letter, service conditions stated in standing orders applicable to the establishment (Certified or Model and check if your designation is covered), appointment letter, service rules, severance policy, exit policy etc of the establishment…………………….and show to a competent and experienced labor consultant/service lawyer. The lawyer that has seen all of your docs can advice you the best.
The establishments usually keep rules, conditions, policies at employee’s web portal and employee’s associations also maintain on their web sites.
Did you submit final resignation after expiry of notice period, under acknowledgment?
If the notice of resignation was properly received and acknowledged by the competent authority it should have communicated (by effective mode of communication e.g redg. post) the exit formalities, acceptance or declinature to employee that has resigned.
Probably you are also communicating verbally by phone calls.
If you have retained the bills of phone calls you may submit carefully structured minutes of discussion and conclude that you have resigned by proper resignation dated……………………submitted on dated…………………..to Mr/Ms…………….and have followed up by phone calls/ emails/in person /by letter………………………and official in zonal office pointed out that nothing is pending as to be done by you, still you have not received acceptance of resignation, service certificate, relieving letter, FNF statement, payment of FNF dues by bank DD, Form 16 etc…………………..and request to supply the same by redg. post only.
You have posted that:
----------“they told me that i will have to serve three months further they state that I cannot give them compensation three months pay.”
Does it apply to employer also? If the employer has initiated the separation then does it allow the employee to decline notice pay in lieu of notice period?
The contract of employment should promote equitable discretion or it may get termed as arbitrary………….
----------“Does giving notice means serving notice period?”
Resignation can be without permission and notice.
The party that has breached the contract has to compensate the other party whose rights have been violated. Such compensation is usually stated in appointment letter in the form of Notice pay and this should be the maximum amounts payable by employee.
If the tasks of the employee that has resigned (and company property) is not properly handed over the employer may ask the employee to indemnify and compensate for any loss it has/may suffer and if the employee is unwilling it may ask the employee to serve notice period……………………….
However such transactions should preferably be in writing.
Did you handover the charge properly (under acknowledgment) before proceeding on leave?
Did you affirm to handover the charge I notice of resignation, final resignation?
Notice of resignation and subsequent communications should be carefully drafted………………….and sufficient record in writing favoring employee should be built while in employment.
