Hope you shall take this post in a positive spirit.
The Line Managers/HR personnel of your past employer have nothing to do with your financial constraints and inability to pay. They have to mind their own job and defend it by following the internal policies of their employer for them.
There are many threads on similar query at LCI alone.
You have made the same mistake that majority of the ill informed/ignorant/careless employees make.
Employee should always consult in advance with elders of the family, competent and experienced well wishers, Employee’s/Trade Union Leaders, Labor Law Consultant/Service matters Lawyer , than acting on his/her own and committing errors and falling in trouble.
1. If next employer wanted you to join in 15 days, then you could have asked it to buy out the notice period/pay without any preconditions………………..on 1st day of your joining……………..and that past employer is unwilling to supply acceptance of resignation/FnF statement shOwing CORRCT Notice Period-pay adjustment-computation of bonus-Leave encashment-payment of earned wages/Salary slip of all months/PF a/c slips of all years/ESIC card/NOC-NDC/Form16………………..and you can supply only the copy of notice/resignation and its proof of dispatch/delivery. However if you have all of these , then these can suffice as good as to be DOJ/DOL……..After all you obliged the next employer by joining in 15 days………….You should have also mentioned notice period/pay in current employment as 90 days and hence joining time as 90 days.
2. You should have negotiated properly with next employer (current now) that you won’t be able to submit Relieving Letter required by it is to be issued by past employer and past employer is willing to issue it NOW, and you can’t supply it until or unless it is supplied to you by past employer.
3. You can submit a request to good offices of appointing authority,MD,Chairman of the Past employer to waive off the notice period/pay.
4. The notice period of 90 days may not be necessarily applicable in your case.
>>>>>To reach some conclusion you may reply pointwise………………… to all points!
1. Do you have copy of notice of resignation, proof of dispatch/delivery? Service Certificate has to be issued to all employees.
2.Are you a member of Employee’s/Trade Unions
5. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?
4. What was your salary: Basic,DA……..etc and total.
5. Was any salary slip, PF number and a/c slip of each year, ESIC card,Form16 issued to you?
6. You were located in which state? Your reporting office was located in which state?
Regd. Office of the company is located in which state?
How many people are employed in the company?
7. What is your date of joining and Last date in office OR for how many months you have worked? Did you get appointment letter, Salary slip of all months?
8. Is it stated in appointment letter that employment can be terminated if BGV is negative………………….. and service conditions shall be governed by say....................HR policy/Service Rules and regulations/Employee handbook....................and do you have copy of these?
You may reply pointwise to each point!
