Regarding Notice Period Details

HI Friends,
Recently i have resigned in current company during probation period.
As per my Offer letter, I need to serve one month notice period during probation or in lieu of notice need to pay basic salary amount of notice time.
After probation period, we need to serve 2 months notice period.
As explained before, I have resigned in during probation period, so i am ready to serve one month notice period.
but employer is asking me to serve 2 months notice period without any proper proof.
I am not agreed for this because i don't want loose my new offer.
but employer forcing me to serve notice of 2 month. But there is no proof of changing of notice from employer. even mail proof also.
can you explain how i can proceed legally to get out from current company with revealing/exp letter with one month notice period.

HI,
you have the offer letter so you can't serve the 2month notice period.you can go to the labour department if the employer create any issue..

1. Technically, you are right. You need to serve only for one month towards notice period as per your offer of appointment, though the aspect of notice period or notice pay during probation itself is legally questionable.
2. However, since you have already decided to separate and have an offer which you do not want to lose, it would be prudent for you to serve the additional one month notice period so that you get a proper release order, your F & F settlement and then then join your new employer.
Thanks.
G. Hari