Stuck in a Notice Period Dilemma: How Can I Legally Handle My Resignation Dispute?

I am working in a Ltd company and recently resigned on 1st August 2018, mentioning a 1-month notice to relieve. As per my appointment letter, if I receive a confirmation letter, then only am I bound to serve a 3-month notice period; if not, then only 1 month. It has been 2 years and 2 months since I have been with the company, but I have not received any communication confirming my employment status. Now, the company's National Business Head, to whom I report, is refusing to accept my resignation with a 1-month notice and is pushing me to serve a 3-month notice.

I have to join another company in 1 month. Additionally, the National Head is not taking my calls and not responding to emails. I am feeling irritated and harassed by their behavior. If I do not join the other company on time, I will lose another job opportunity as well. I seek your help and advice on how to handle this situation. Legally, my appointment letter is in my favor, and the company cannot hold me or pressure me to serve a 3-month notice period. Furthermore, if I decide to join another company, I will need an experience letter which my current employer refuses to provide, as my current manager and National Business Head seem intent on mentally torturing and exploiting me.

Please advise me on how to proceed legally and what factors I should consider in handling this situation.

Handling Legal Matters with Time Constraints

Handling a matter legally when you have only one month to join another firm presents a practical problem of time. Litigation takes time, although you may eventually get justice.

Some questions will arise:

- How long was the probation period as per the appointment order?
- Did you ever remind them about the completion of probation and confirmation order, even though it is the company's responsibility to issue orders?
- Is your National Head co-located? If so, consider meeting him personally.
- There will be expenditure on litigation.
- You will have to make a balanced decision about pursuing litigation, weighing all factors like time delay and the option of paying two months' salary and leaving (though you may not be legally wrong).
- The best option is to consult a local advocate and take their opinion.
- Is your establishment registered under the State Shops and Establishment Act?

Notice Period and Employment Confirmation

If you are not a confirmed employee, there is no need for a notice period to be served. However, you should follow the minimum notice period policy as stated in the appointment letter. If they insist on a 3-month notice period, it would be considered unfair practice both against the employee and the law.

You should request a meeting with the unit head and HR head personally for the relieving letter. Any letter issued by the HR department post-resignation and acceptance of the resignation eliminates the need for involvement from your reporting manager or any superior. Direct all inquiries to the HR department, complete the no dues process, and obtain your relieving letter.