Stuck in Limbo: Can My Company Legally Stop Me from Leaving During Probation?

Dear Sir, I have resigned from my current organization; however, my boss is not relieving me. I need to mention the following for your better understanding:

1) I joined in September 2015 and have been working till date. As per the appointment letter, I should have received a written confirmation of the completion of my probation period after six months, which I have not received yet.

2) The supervisor who is not relieving me is not officially my supervisor. In June 2017, I received an email (with a copy marked to me) addressed to the company HR, stating that I would be transferred from my current role to a new role, and he instructed my HR to process the change immediately. However, as of today, I have not received any transfer letter from HR, and my payroll has not yet been changed.

3) I am willing to pay 12-13 payments in lieu of my balance notice period if required.

Sir, under the above circumstances, I have already received the appointment letter from my new employer and am about to join on 18th October 2017. Should I proceed, as I believe:

1) I am still in the probation period.

2) My previous supervisor (as per point no 2 above) should not be involved in this matter as he still works with the organization.

3) I cannot assure that there are no pending dues from my end.

Sir, please suggest and guide me if there are any legal issues, and can the company stop me in any way.

Regards

No, a company can't stop you from working until you want to leave. They can only keep a copy of your resignation once it has been received by them.

Thank you, sir.

Also, I would like to know if I can proceed to join my new employer without the acceptance of my resignation, provided they agree. Do I need to mention further in my resignation that, as I have not received the written confirmation letter from HR for the last two years, I am still in the probation period?

Further to add, as per my appointment letter, the only difference between probation and confirmed status is that during probation, I have to give one month's notice or the equivalent of 30 days' salary, but they cannot prevent me from working. However, if I become a confirmed or permanent employee, I have to serve a notice period of 30 days or pay in lieu, and they can require me to work for one month.

So, in my case, can I rest assured that I am still in probation since I have not received the permanent letter from HR? My understanding, based on the appointment letter, is that I am currently in a probationary period, which is lawful.

Employee Confirmation and Relieving Process

Yes, please go ahead. The reason I am telling you this is that the employer didn't confirm you in two years. This may be due to your low performance or the employer wanting to prevent you from receiving the benefits of a permanent employee, showing no regard for employee growth. As you expressed, he still doesn't want to let you go. If the situation is as straightforward as it appears, there is no point in staying with such an employer. Please proceed to send him the registered letter requesting your relieving and to stop harassing you, or you will take legal action against him.