The matter is as simple as that:
--You want to resign from old company. If you have signed an employment contract which has condition of notice period/notice pay then as per the contract if you are leaving without notice period employer can ask for penalty of notice pay. This is the maximum you have to face.
If company has not issued any appointment letter then you are not under contractual obligation to tender notice/notice pay.
Moreover if your employer is not issuing appointment letters it might be violation of SE Act applicable to your state.
e.g. SE Act Delhi:
34. EMPLOYER TO FURNISH LETTERS OF APPOINTMENT TO EMPLOYEES.
Another point is that one month notice period during probation period seems to be unreasonable. Your lawyer would know it.
If your company is covered under SE Act then as per SE Act applicable to your state
{Which your state} no notice period might be applicable employee resigns after service of 45 days.
e.g. SE Act Delhi:
(5) “commercial establishment”
30. Notice of Dismissal.—
(2) No employee who has put in three months’ continuous service shall terminate his
employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.
--“ If your employer has got a proof that you have joined another company without resigning from its services then your employer can charge you fro dual employment and terminate you for misconduct, without tendering notice pay.
Your employer has no proof. He wants to bite you and that is why he is making verbal statements that he shall write to senior management, as he feels that the line managers and HR of new company want to recruit you and are with you. He is expecting that MD etc of the new company shall ask its HR/Line management to not to recruit you.
You need to build strong rapport with line HR/Line management of new company and convince them { followed by written communication} that your previous employer has declined to issue acceptance of resignation/relieving letter/FNF statement etc, and you can provide copy of the resignation, proof of dispatch { by redg. post} and POD {which you can obtain from PO}. The company may agree and may ask you to sign and affidavit/indemnity stating you are not employed elsewhere.
Your new company might also be declining to accept resignations and might be treating employees in the manner or even worse as your old employer. This is every day situation in industry happening in almost all companies small or big.
You should obtain offer letter from new company.
--Like you have been able to approach a lawyer you must try and find out some strong trade/employee union and genuinely good leader. They have their own way to handle such situations and employers. You would get to know rights of employee by being a member.
Wherever you may work in future, work sincerely, deliver performance, and justify every penny of salary paid to you. At the same time be properly informed on labor laws, rights of employee and form community of like minded employees.
--You can also approach, Wages Inspector, Labor Inspector, and Inspector under SE Act, ALC in local o/o Labor Commissioner in your city and you nay not have to pay any notice pay at all and you may get acceptance of resignation, relieving letter, service certificate, FNF statement/settlement, salary slip, from 16, etc everything
--You should not mention to old employer that you have filled some HR forms in o/o new employer.
If you feel you may record the discussion with old employer {audio/visual} and take some other witness also along with your parents, for appropriate use in appropriate forum.
You may feel the momentary stress however if remain vigilant, firm, alert, and do not get bogged down the matter is not that difficult or complex.
Despite whatever is happening, you may remain amiable, cool, avoid outbursts and do not be disrespectful to old employer. Do not block the channels of communication.
In today’s world employee needs to develop and apply exceptional levels of goodwill/rapport building, persuasion, negotiation, persistence, reasoning skills.
After all you have worked with them and you have created a situation as you are leaving them after just 45 days. Which employer shall want an employee to come and leave after 45 days, and join another employer without bothering to resign and get relieved even if company is small.
