Umakanthan53
Labour Law & Hr Consultant
Stephen_7
Senior Officer - Hr
HRMRU
Hr Executive
Abhimnp
Business Analyst

Hi,
I am working in IBM on contract basis and my payroll company is Net connect India Pvt limited.
i sent my resignation on 17th August 2016 to my IBM reporting manger keeping Net connect HR in CC , Official notice period is 30days.
But my IBM manager is asking me to serve 90 days of notice period. and My payroll not yet accepted my resignation.
Kindly suggest how should i proceed further and what are the options do i have.
Thanks,
Abhi

From India, Bengaluru
If your appointment order says that the notice period is 30 days, you need to serve that period only. Because it is a mutual agreement between you and your employer.

Once you put a resignation and served the applicable notice period, you can always free to leave the company. Your employer is supposed to relieve on said day. They cannot change the conditions after putting the resignation.

Take printout of that resignation email and send it with your signature to your employer through registered post with acknowledgement card and keep those copies and details with you.

You just send a reminder 15 days before the relieving date that, you have only 15 days available in the notice period and let you know the succeeder to handover the responsibilities. You dont request them to accept the resignation or whatever.

If they still reply that you need to serve 90 days, ignore it and send another email a week before and a day before and say bye to your company. You can collect the dues and service certificate through legal forums. But you have to be perfect as per your appointment order you have accepted initially.

From India, Chennai
Dear Abhi,
You are the employee of Net Connect India Pvt Ltd just deputed to IBM on contract basis. Therefore for all practical purposes you are governed only by the terms and conditions of the contract of employment between your employer and yourself and not by the service regulations of the IBM. Therefore you ought to have submitted your resignation to NCIP under copy to IBM.However it is only a procedural lapse on your part and therefore request NCIP to honour the notice period mentioned in your contract of employment, accept your resignation and arrange for your relief exactly on the expiry of the 30 days notice by making suitable alternative arrangement to the IBM contract and mark a copy to IBM without fail.

From India, Salem
Dear Abhi,
As you are on the payroll of Net connect India Pvt limited, you have to follow the terms & conditions mention in your appointment letter. pl go through you appointment letter and see if they have any 90 days clause or 30 days clause for notice period. if 90 days, you can go for buy out option or your balance PL (leaves) can be considered.
Generally the contract employee/Third party payroll employee have only 30 days notice period.

From India, Thane
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