Short notice period

Ideally employee should address and submit notice of resignation to appointing authority.

Did you submit your notice to your boss? Your boss may neither be authorized official to accept or decline your notice, nor any spokesperson for HR. However your boss may have a nuisance value.

It is surprising that why HR has not sent the reply from their email id or desk of competent HR personnel.

If notice period is 3 months and company has reduced it to 1 month then why you should agree to tender notice pay for 3 months.

The language used by company may term the contract as one sided as company has frankly reserved the right to terminate you to it only by paying notice pay in lieu of notice.

However it may not stand the test of law and employee may also claim the same condition is applicable if he terminates the contract.

The company has meant that it alone has the right to accept or decline notice of shorter duration and adjust leave against notice pay to recover notice pay.

Your boss has demanded for separation you need to serve for min. 1 month and this may imply that you need to tender notice pay for balance 2 months, and as per language used by company it can recover it by adjusting leave i.e. paid leave that can be encashed in FNF settlement. In case some amounts are still due company may proceed to recover it from you.

1. You may explain that no task/assignment is pending and you can handover the charge/company property at once to the employee designated by company under proper acknowledgment to be issued to you on the spot under original seal and signature of the competent employee of the company and countersigned by designated replacement.
2. Company may claim that you have abandoned/absconded, and that abscondment is misconduct. Company may exploit it as an opportunity to delay issuance of reliving letter etc.
3. Submit notice of resignation with effective date of resignation/last day in office clearly mentioned in it affirming to adjust notice pay in correct FNF statement { showing adjustment of notice pay} and supply you the correct FNF statement by last day in office along with payment of FNF dues payable to you, work experience/service certificate, relieving letter, form 16, PF number, attested copies of PF withdrawal/transfer forms {which you shall submit on your own to PF office },NOC/NDC, Form 16, etc.
4. Thereafter submit final resignation under proper acknowledgment.

Such situations demand that employee builds written record in his favor and apply rapport, goodwill built during association with company and exceptional levels of reasoning, negotiation, persuasion, persistence skills and resolve the situation in his favor while in employment.

Try to negotiate with future employer and get the joining date extended by 1 month and to compensate you by buying out your notice period of 2 months. Thus you shall be able to separate without any heartburn on either side. You should communicate in writing to future employer, even if by email that as it is unwilling to provide joining date 3 months from date of offer, you shall not be able to serve the notice period as desired by your current employer and due to this  your current employer is unwilling to provide acceptance of resignation, FNF statement, salary slip for last month, work experience/service certificate, relieving letter etc, hence company should agree to employ and appoint you on the strength of copy of your notice of resignation/final resignation and its POD, unconditionally.

If serving notice period is not workable then you need to be prepared to handle the situation head on.

Dear Sirs,

Based on the inputs I have offered to extend my services further by 15 days amounting to 20 days of notice period service and rest of the days to be recovered as per the terms of employment of offer letter.

However it seems that my boss has taken it on his ego and has threatened that if I do not serve for one month then he will ask the HR to put me into absconding category. Also putting the condition that HR can give a final say .

When I met HR they say that it is upto my HOD to decide for duration of 1 month or so . It seems that both of them are shuttling me between themselves.

Please note that my new employer has extended the joining by few more weeks and after that they are hard press to withdraw the offer and appoint some other person in waiting.

My judgement say that worst come I will have to leave it as per my date taking the risk of getting into conflicting situation which I am avoiding since beginning.

1. Kindly guide me on this and let me know what best can be done to contain the worst case scenario in terms of preparing for a confrontation.

2. What shall be expected time frame to get proper releiving letters and acceptances on resignation letter , if I have to chose the legal route in the court of law.

Thanks & regards

Jagdip

You have posted that:

--“ Please note that my new employer has extended the joining by few more weeks and after that they are hard press to withdraw the offer and appoint some other person in waiting.”

Has the new employer extended the joining date in writing? It should, even if by email.

You should obtain the extension in writing.

There are some posts indicating that in the interim prospective employer got suitable candidate and vacancy got filed up and the response of the company to old candidate was he did not join by joining date given in writing.

You should communicate in writing to future employer, even if by email that as per joining date given by it, you shall be unable to serve notice period as per demands of your current employer and your current employer is  unwilling to provide acknowledgment and acceptance of resignation, FNF statement, salary slip for last month, work experience/service certificate, relieving letter etc, hence new employer should agree to employ and appoint you on the strength of copy of your notice of resignation/final resignation and its POD only, and unconditionally. The new employer may support you. The new employer may ask you to sign an affidavit/indemnity that you are not employed elsewhere, and you shall submit acceptance of resignation/reliving letter  within dated…or …..days or your services are liable to be terminated.

You must obtain absolute clarity in writing preferably.

If this time granted to you makes it one month from your date of submission of first notice you may submit a subsequent representation in writing under acknowledgment and mention that in concurrence to the wishes of company expressed by Mr/Ms………thru email/letter/in person in office  dated………you shall strive to serve the notice period of one month from the date of …..{dated….} implying last day in office would be  dated………..

Thus you should be able to satisfy your egoistic boss and his faithful HR.

---“ What shall be expected time frame to get proper relieving letters and acceptances on resignation letter , if I have to chose the legal route in the court of law.”

No time frame can be quoted how much and what time shall be taken.

Your lawyer may be in a position to explain it better to you.

The designation alone does not decide employee is a workman or not. Your lawyer after examining your role and duties may advice that you fall within the explanation of workman or not. Various enactments applicable to workman limit the options for employer. As per Industrial Employment Standing Orders Act employer should supply service certificate, payment of wages on last day in office.

Kindly proceed under expert advice of your lawyer.

I am also want to give the short notice but my HR department is not accept because they said that in this organization you can resign after two months. My company name is best essays au if anyone know about that company policies then please tells me that.