Stuck in a Job: Can I Send a Legal Notice if My Boss Won't Accept My Resignation?

I am currently working in Chandigarh in an IT company, and I have recently been selected by another IT company. I have sent a resignation email to my boss, but he is not accepting my resignation (during a phone conversation). He mentioned that he will relieve me in the month of June, but I am required to join the other company by April 1, 2018.

In my resignation email, I stated that I would work for two months as per my notice period. However, he has not acknowledged my resignation letter. Since my boss is not currently in India, I also attempted to discuss the matter with his brother, but he also refused to accept my resignation and indicated that I could take any necessary action.

Legal Options During Notice Period

Am I eligible to send a legal notice to him during my notice period, or should I wait until my last working day? Do I need to consult a lawyer, or should I file a complaint against him with the labor commissioner's office?

Handling Resignation Issues

This needs careful handling. If you are following the offer letter conditions, your company cannot stop your exit. Put up a letter in writing to HR and copy your boss to obtain an acknowledgment. Clearly mention the last date of working and refer to the appointment order/offer letter which governs your relationship with the company.

Informing the New Employer

Sound out your new company that, due to your current employer acting difficult, there may be difficulties in getting a relieving letter. This decision to inform the new employer must be made very thoughtfully and carefully as you have to judge how your new employer will take this kind of news.

Legal Recourse

Legal recourse is to be taken as a last measure to enable your timely release from the company. A labor officer cannot help in such disputes.