I am working in a MNC for the past 6 months under probation (since 5th May 2014) FACTORY.
Due to some internal politics, my team head wants to bring his friend to my position and started giving mental pressure to me and not confirmed my position. I got upset and he forced me to resign on 11th Nov.2014 after completion of my probationary period 05th Nov.2014. I have sent e-mail resignation and he has accepted it immediately with a reply mail.
I started searching new job and god blesses me with immediate job offer with Managerial position. Have to join in new company before 01 Dec.2014. But he is delaying my releaving and has compelled me to serve notice period up to 15th Dec.2014. Because his friend attended interview here and need time to handover up to 15 Dec.2014.
He threatening me that he will withheld my salary till final settlement if I releave immediately. I read in google search that as per Supreme Court Case law " continuation of service after probation is doesn't mean confirmation. It is deemed on Probation only". As per my appointment letter, written letter will be issued in writing for confirmation after probation, if satisfied. But, I have not received any confirmation letter till date.
My query is:
1.) If my salary for the current month is withheld, then what is the immediate legal remedy for me?
2.) If I am not willing to serve notice period, then what is the rights for me?
3.) If he gives any bad reference on background verification, then what to do?
4.) How to approach Labour Inspector / Commissioner?
5.) Is there any resignation letter/ notice to be issued during probation period?
Please help me....Its most urgent
-RAM
