You have posted that:
“The GM - HR threatened me to ruin my career and withheld all my FnF settlement including PF. My new employer HR is insisting for relieving letter from my previous employer which I am unable to produce.
My notice period of 1 month ends on 16th May, 2014.“
You can withdraw the resignation before expiry of notice period tendered by you, and acceptance of resignation.
The company can not accept the resignation before the expiry of notice period tendered by you, can not prepone or postpone the effective date of resignation tendered by you.
If GM-HR has issued letter to remain out of office still you could submit to let you to attend office and earn full wages ( not the notice pay @ Basic +DA etc) performance bonus, incentives etc……………
Since GM-HR has issued letter that implies there is nothing on handover of charge, exit formalities, completion of tasks/assignments desired from you.
If GM-HR has issued a threat then you could have recorded it (audio/visual) and then submitted the minutes to good offices of appointing authority, MD etc………….and even ‘Works Committee’, employees unions, Trade Unions.
Get such threats recorded.
He can not block FNF, PF, and even relieving letter, technically and legally.
But he has stated he will………………… showing that he is offended (by you) or zealous or vindictive and also determined being fully aware that thus you may loose next job.
Does the next company have some basic understanding or Non Poaching Agreement or Block list with current company?
GM-HR of next employer has declined to absorb without relieving letter!
This is the catch.
Does current GM-HR know that you are joining a competitor?
Since you are joining a competitor the next employer would benefit from your joining…………………………or not?
If yes convince line managers, HR personnel, employer, appointing authority to absorb you without relieving letter and get a waiver preferably in writing.
This could be the best option.
Apply your rapport, goodwill, and exceptional levels of negotiation, persuasion, persistence, reasoning skills.
Have you signed any Non Compete clause in appointment letter, Non Compete agreement with current employer?
Even if you have Indian courts have consistently been declining to impose Non Compete Clauses/agreements post termination of employment as it hits right to earn and clauses of Indian Contract Act…………………………..hence your current GM-HR has indicated to block relieving letter………………….thus indirectly he would not allow you to be in another employment!!!!
Employees Unions, Trade Unions can help.
Show all of your docs to your lawyer, give inputs in person, and choose the option that suits as per your aptitude and long term goals.
