Facing Pressure to Extend Notice Period: Can HR Withhold My Salary and Delay My Exit?

I am working for a Pvt Ltd Company (Manufacturer). I have just completed my probationary period of 6 months. Due to some internal politics, I am facing work pressure and mental stress. Therefore, I have decided to resign from my position after the probationary period and am currently serving a notice period of another 25 days. Our HR has issued an acceptance letter for my resignation in writing and via e-mail. As per the appointment letter, my job confirmation was supposed to be issued in writing, but I have not received any confirmation letter yet.

I have secured a job in another company and I am expected to join on the 1st of December. However, our HR is insisting that I serve an additional 20 days and is deliberately delaying my release, mentioning that they will withhold my salary for the current month.

I came across an article in a Google search stating that the Supreme Court has ruled that "completion of the probationary period does not imply automatic confirmation."

My Queries

1. Does our HR have the authority to compel me to serve the notice period?

2. Can our HR withhold my salary until the final settlement?

3. What steps can I take to be released at the earliest?

Probation Period and Confirmation

It is true that just completing the probation period will not make the employee confirmed, and for that, written communication is required. As long as there is no communication of confirmation, the employee remains on probation. Therefore, the notice pay required for a confirmed employee will not be applicable to you.

Relieving and Final Settlement

Relieving and making a full and final settlement within a certain time depend upon the culture of the organization. Knowingly or unknowingly, many HRs follow wrong practices and threaten employees, saying that the salary would not be paid, no certificate would be issued, or even a poor reference would be given in case of any background verification. These are internal policies and cannot be changed. The only remedy is to give awareness, and practically, it is not possible to adjust to the realities.

Regards,
Madhu.T.K