Disagreement over Release date of an employee

Dear VK

Your employer can not force you to serve for the notice period. At the most they can ask you you to surrender 30 days salary explain this thing by registered post to them along with your intention to pay the 27 days salary and ask them to provide you with all necessary documents that you require for your employment in new company.

If your present estblishment is a factory than it is compulsory for them to issue the experience certificate to you otherwise you can approach the Director Industrial Security (Factory Inspector) of your area.

Speak to your new employer also and explain them the problem that you are facing.

By Experience letter and relieving letter normally organization ensures that you have severed your all relations with previous employer and is not providing any services to them. This can be resolved by sending  resignation with registered post with cc to your new employer. Just speak to your new employer I am sure they will accept your resignation sent with registered post as sufficient evidence for severring your ties with your present company.  

You may submit the copy of your resignation and proof of its despatch like copy of registered post receipt  to your new employer and Hr staff of your new company can ask you to submit an affidavit, for which they may provide you a model language, stating you are not employes any where else. You should positively handover a letter also stating on Dated .........your Ex employer has refused to provide you the relieving letter and experience certificate, and you are trying for it,and you shall be able to submit it as and when you receive it.The HR staff of your new company , whcih has absorbed you,is well aware of the practices in the industry and shall help you.

  ignore

While posting such query employee should always post basic information;

Nature of establishment; Commercial/Indistrial

State of location

Designature and nature of duties

Tenure of employment

No. of employees in establishment

Application of standing orders (Model/Certified)

Existence of Works Committee/Greivance Redressal Cell in company

Arbitration clause if any

etc etc

for better opinion.

Reply pointwise to all points.