Since you are in managerial cadre of employment, you should understand that for any employment grievances, you can seek Civil remedy only directly in a Civil Court based only on the terms and conditions of your appointment orders or the service regulations of the organization as applicable to managerial cadre employees from time to time..
As per your appointment letter of 2013, the notice period might be 30 days;but later it could have been changed as 90 days by means of an amendment to the service regulations and it could have been notified by means of a mere notice in the office notice board or by individual communication. First you have to get it confirmed yourself. In case no such change was actually effected and the present communication is demonstrably an after thought of the management to hush up their belated acceptance of your resignation, well, you can repudiate it by sticking to your appointment letter and prevail upon the management to relieve you formally with pay for the extended period of your duty. In case of refusal, you can quit the job on your own under intimation in writing and file a suit for recovery of unpaid salary and damages for breach of contract. Regarding your gratuity, you can file a formal claim before the Controlling Authority under the P.G Act,1972 for the area where you worked last. These are ultimate legal options only. As you are a manager and likely to continue as such elsewhere, my suggestion would be to try for a negotiated settlement so that the separation can be mutually peaceful.
From India, Salem
Thanks for solved the matter, now my MD has required one letter from my side with the following points will cover in the letter.
1. I will write that i quit present job due to financial growth.
2. i unable to serve notice period of 30 days
3. request for provide experience certificate, notice period salary and relieving certificate.
kindly suggest what to do ? may i give request letter as per my MD Requirement or its plan something legally for me ?
From India, Salem
This is in regard to your reply to the query raised by Mr. Davender Kumar
I would like to know whether any service condition like revision of notice period for resignation could be just notified in the notice period and will it have a binding effect on employees .
However it is clear and do agree that an amendment to service rules / regulations applicable to officers in Public sector companies and in some private sector organization( for whom Standing orders under the statute is not applicable) do bind the officers ,
I am of view that appointment contract being bilateral and mutual in nature , the employer ought to have got the employee signed to the amendment to appointment contract like notice period for resignation before being implemented
Your enlightened view please
From India, Chennai
What I mean by the phrase I used " unless it is modified later in a formal manner " is the prerogative of the employer to prospectively change the length of the notice period generally applicable to the particular cadre of employees with reference to the importance of their position for avoiding poaching by competitors or reducing employee turn over and the like as well as the freedom of choice of the employees concerned for acceptance or rejection. Certainly no employer is empowered to unilaterally change the existing notice clause to his advantage after receiving the letter of resignation from the employee. Yet I suggested the poster to toe down because of the fact that an ex-employer can also mar the career of an employee whose departure is not the way he liked.
From India, Salem
i still not received any Full & final or experience certificate from my employer. kindly advise what i will do now ? verbally my MD has refused to given gratuity, bonus and leave encashment. also told me that our company not given all of this. if you want to go by court they are do not have any problem they are hiring advocate and pay him. also warn me that they will file case to me for fraud .
i am very scared.
kindly advise me.
HAVE ANY NOTIFICATION ABOUT THE ABOVE MENTIONED PARA.
I ALSO WANT TO KNOW THAT INCREASE IN NOTICE PERIOD DAYS IS NOT LIABLE TO TAKE EMPLOYEE SIGNATURE ON IT?
From India, Noida