First of all obtain concurrence (preferably in writing) from next employer that they will absorb you without relieving letter and on the strength of copy of resignation and its POD only.
Explain (preferably in writing) that you have pointed out during interview that notice period in present employment is 6 months and current employer is unwilling to relieve and provide acceptance of resignation, relieving letter, FNF settlement………………………………..and if possible obtain notice period buy out/compensation from them.
Submit a written representation under proper acknowledgment and mention notice period tendered by you and last day/date in office. Mention that no tasks are pending at your end and routine duties be assigned that can be completed on day to basis within and up to expiry of notice period/last day in office and to whom you should handover the charge. Request to supply the acknowledgment of notice of resignation, acceptance, correct FNF statement for verification and acceptance by you, PF number-a/c slips for whole tenure of service, ESIC card, Form16 as per correct statement, service certificate, relieving letter,………………….be supplied to you up to and within last date in office by redg. Post.
Try and obtain the acceptance, relieving and ‘NO dues, NO pendency’ from manager on your copy of notice of resignation and if possible get the seal affixed from counter where all dak/mail/courier of company is received and seal is available.
The company has issued offer letter alone or appointment letter also?
Appointment letter has to be issued……………………..in Karnataka.
6months notice period during Probation period is highly unreasonable.
Notice period/pay is part of service conditions and is stated in standing orders applicable to the establishment (Model/Certified) and extended to the designation of employee, appointment letter, HR policy/Service Rules and Regulations referred to/mentioned in appointment letter.
As Model Standing Orders Sec;13,16…………………notice period during Probation is NIL and after confirmation1 month and ‘Service Certificate’ has to be issued to all employees.
Notice Period is also stated in Karnataka Shops and Commercial Establishments Act, that is applicable to al commercial establishments in Karnataka and notice period for service less than 6 months seems to be NIL.
Appointment letter has to be issued……………………..in Karnataka.
You may go thru: Karnataka Shops and Commercial Establishments Act : Sec:6A, 39……………
There are many and very active IT employees unions and Trade Unions are willing to embrace IT employees and are doing lots of meetings.
An engineer can be covered as ‘Workman’ as in ID Act and as ‘Employee’ as in Karnataka Shops and Commercial Establishments Act…………………….
If you wish to avail the services of a LCI lawyer you can conduct search at:
https://www.lawyersclubindia.com/lawyers_search/#.Uz-tLUeBmXU
Your near and sear ones can also guide you to a lawyer.
The employee should retain access to a competent and experienced labor consultant/service lawyer.
