Emploer forcing to serve more than notice period

As per my understanding following are the resolutions.

1.)    What is my actual notice period legally – 45 days or 90 days?

Ans : If you are on probation there is no need to give any notice.

2.)    What should I do to get relieved in 45 days as my next organization is very particular about my joining date and I do not want to lose that opportunity?

Ans : You may also send your resignation keeping your new employer in BCC and try to make them understand about the situation.

3.)    Shall I provide them in writing that if they are not ready to relieve me in 45days I would go legally?

Ans : yes, you may give it in writing as well as send the reminders by mail marking CC to your directors and MD.

4.)    Can someone please elaborate on legal process I need to follow to get relieved in 45days and approximate time it will take?

5.)    Incase company is not ready to relieve me in 45 days even after repeated written requests, can I move on and join the new company? And legal activities can run parallel with my current organization?

Ans : The last option is to send your resignation letter by registered post and speed post both and the receipt of the letter can be considered as acceptance.

Seniors Please correct me if i am wrong anywhere.

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Regards,

HR

You have mentioned "no objection from management of current company I committed a joining date late July". Did you receive the no objection in writing? Have you minuted the no objection in writing, in any of the communications?

Have a heart to heart discussion with your next employer and explain the situation. They are in the same trade and understand the practices in the trade, and may also be doping the same.

They can absorb you on the strength of copy of your resignation, proof of dispatch, POD, and your last drawn salary slip (you should explain which one is available).They ask you to sign an affidavit that you are currently not employed. Some companies obtain affidavit of this nature to rule out dual employment.

As suggested by HR you can send resignation with bcc to your next employer. However use this as an opportunity to minute the discussions you had with your next employer, during which you have explained the situation and your next employer has agreed to absorb you, and mention the docs you have been asked to submit.

The confirmation letter if any shall hold good if you have signed your acceptance to it.

The statement of company that "they have sent email to us to come and collect the confirmation letter" is in bad taste. Us means many of the employees who were confirmed. This also implies that none received the mail and no one received confirmation letter, hence no one signed the acceptance to the new conditions of service stated in confirmation letter.

Another statement of the company that "you are automatically treated as confirmed employee since you have undergone through appraisal cycle".  Participating in performance appraisal/review does not imply that employee shall get confirmed. Based on appraisal employee can be put in compliance/verbal challenge/ PEP leading to termination of service or probation period can be extended.

A good company shall block salary of last month of notice period and shall pay in F&F. Employers block salary of notice period with a logic that company has to settle the a/c and also receivables from employee.

You can prepare your a/c of payables to company and receivables from company including encasheable leave balance. Submit all company property and obtain proper receipt under seal and signature, before you resign.

Your present company can at the most ask you to surrender notice pay with a notice period of 90 days, which you can contest.