If your services are not confirmed in writing, the terms and conditions as expressed in your appointment letter issued to you with designation as trainee should prevail.
It is felt that notice period is applicable to regular employees and is not applicable to trainee. However you may refer to your appointment letter/contract accepted by you.
Rumor and gossip are not rules. Rules are to be published, circulated within the knowledge of the employee, if not these can be questioned. Company can not keep the rule book in a bank locker and then state that only it shall have the access and whatever it states becomes a rule. For employee to be governed by some rule company should
Therefore you may shed asking and stay away from telling (being told) and instead narrate the incidences in writing put the minutes in writing and demand reply in writing (under proper acknowledgment) from good offices of your appointing authority, MD, with a copy to head-HR. It shall be appropriate to keep copies if you are communicating from official email as it can be blocked by company.
You must take your new employer into confidence and communicate even if by email and clarify that your current employer is unwilling to relieve you although as per appointment letter dated………..you are liable to serve nil/……….days notice period and/or tender notice pay as per prevailing rules/laws and company is unwilling to accept the notice period/pay and is asking to serve notice period of……………..days. You may mention that:
-- you can provide only the copy of the resignation letter, proof of its dispatch, POD and you may be absorbed on the strength of these documents only.
--your current employer may not issue last month salary slip, FNF statement, work experience/service certificate, relieving letter.
You may obtain confirmation that in any given situation they shall stand by you and support you.
You should do so otherwise you shall find yourself deserted by current and future employer leaving you in lurch.
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Your current employer can do whatever it wants without bothering for rules and laws. Therefore it shall be good if you submit carefully structured representations to good offices of appointing authority, MD, CEO, Chairman, Company Secretary, with a copy to head-HR. You may narrate the incidences and mention the response of HR and you may also mention your understanding of the matter citing rules and that standing orders of the company are not displayed in the office, HR page of employee portal and have not been supplied to you by HR. The written record shall be helpful at appropriate time in appropriate forum. There are chances that good offices may grant relief to you. If they do not you shall have to contest their action. If you can convince the good offices it shall be the quickest and easiest solution.
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Yes.
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If the company is hell bent on troubling you it can do so. It may decline to accept resignation, may declare you absconding, may terminate you, may block your FNF statement and settlement, work experience/service certificate, relieving letter, form 16, PF withdrawal/transfer, give adverse feedback in reference check, write to your next employer etc. If you are a workman you can invoke ID act.
However you can invoke the provisions of SE act applicable to your state, if the act is applicable to your establishment, approach Inspector for work experience/service certificate, terminal benefits etc, CIT-TDS for form 16, RPFC for PF etc, Inspector for payment of wages under payment of wages Act or a civil court.
It shall be appropriate to consult a competent and experienced service lawyer with copies of all communications, appointment letter and let your lawyer structure your representations. If the company does not grant relief despite your best efforts it mat relent upon receiving legal notice from your lawyer. If still your company is adamant and recalcitrant you shall have to agitate in appropriate forum. Your lawyer shall help you to decide the appropriate forum for you if the need be.