26th June 2015 From India, New Delhi
First checkout what your Appointment Letter says reg this aspect.
As a general Rule, like other members pointed-out, the Notice Period starts from the Date of Resignation.....however, I have seen Companies where they start from the Date of Acceptance & mention it in the Appointment Letter clearly.
Some Companies just leave this aspect vague....thereby leaving scope for them to interpret the way they like to.
28th June 2015 From India, Hyderabad
I subscribe to view of Avika and Nath. The notice period on resignation starts from the day it is submitted in the office of the Company where an employee is working. The letter of resignation can be given to the immediate officer superior who has to forward it to the Competent Authority/Concerned Dept. for further processing/acceptance by the Competent Authority designated by the Management. The notice period will commence from the date the letter of resignation is submitted in the Company's office.
The Management has either to accept or reject the resignation. The communication of acceptance/rejection has to be given in writing to the employee. The employee shall be entitled to be relieved on the last working day of the notice period. A handing over is to be made by the outgoing employee either to his immediate senior or to the person nominated by the officer superior. FNF shall be made by the Company on completion of No Dues process. Therefore the outgoing employee has to ensure all these aspects.
C.M. Lal Srivastava
30th June 2015 From India, New Delhi
While appreciating the clarity & details you provided, let's also be clear about WHAT the thread initiator is looking for--he/she is looking for a SOLUTION.
All of us have given what the 'ideal/legal/accepted' practice ought to be.
However, as I mentioned earlier, I have seen Companies [needless to mention, headed by unprofessional characters @ the top] mentioning clearly in Appointment/Offer Letters that the count will be from Date of Acceptance OR, worse still, leaving this aspect vague to take advantage when an employee resigns. And most joinees don't care to read the fine-print.
Unless the thread initiator clarifies what's mentioned in the Appointment Letter, I guess all of us would be wasting our time by making countless presumptions.....none of which MAY be actionable & realistic in the given situation.
30th June 2015 From India, Hyderabad