Serve them with a legal notice and than file a specific performance suit against them for getting the required experience Certificate etc.

You cannot be forced to work against your wishes . Serve notice period as per your appointment letter 

your licence would not be cancelled merely because you resign 

You may put your resignation online website of the Hospital addressing to HR department on the grounds of health, personal and family. 

Let them go for disputes regarding your service and certificate. You may challenge the same before the competent authorities  and Court of law fir the reversal of the order passed by them.

No worries. Please proceed. It is possible and your right to excercise under the law.

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Except, recovery of the said amount, company cannot harm you for the same

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Hence, better serve the notice period only , after giving her resignation letter to the management of the hospital. 

- However, the Central & Maharashtra government like Andhra Pradesh has imposed the Essential Services Maintenance Act (ESMA), 1971 on health and medical services for a period of six months, and declare the following services as Essential Services for a period of six months for refusal to work in or for all government and private health and medical facilities with immediate effect.

- The services are -- all health facilities, doctors, nurses and health personnel, sanitation workers in health facilities, purchase, maintenance and transport of medical equipment, sale, transport and manufacturing of medicine and drugs, ambulance services, water and electricity supply, security related services, food and drinking water provision and management, and bio medical waste management.

- Hence, she should tender resignation with sufficient reasons. 

Your sister may follow the terms and conditions of the employment offer letter.

She can tender her resignation by observing the conditions of the employment offer letter by giving three months notice

Let the hospital authorities deny to accept her resignation, she can  resort to legal action after they have denied to accept her resignation.

An employer has no rights to hold back her educational certificates  or deny to give her the experience certificate on resignation of the employee.

She can approach labor forum or even high court for the relief.

She can send the same through post and later can file complaint to dy labour commissioner office of experience certificate is not given

Why is that? What are the reasons they are giving for not accepting her resignation. Send the hospital a legal notice and file a case of harassment against them.

Also write a letter to the medical council of India and lidge a complaint against the hospital.

1. During pandemic ESMA has been imposed in most states. Hence, the resignation of your sister cannot be accepted.

2. She will not get any relief from any court.

3. Her license can be cancelled and she can be criminally prosecuted under ESMA.

What reason your sister is providing for resignation to HR. She need to check a perfect reason that they can't cancel her license and nor deny experience certifcate.

You can do the aforesaid. They need to accept it

You were advised to follow the procedure meant for resignation as mentioned in the employment offer letter. 

She can tender her resignation observing the notice period as detailed in the offer letter and then resort to legal action if her employer is not responding or not accepting her resignation. 

submit her resignation and after one month notice join another organisation 

if however other employer insists on relieving letter then she should continue in same job 

- Since, she wanted to join other hospital , it means that she will do same services as presently , hence she should tender her resignation on the same ground .

- If,refused , then she can lodge a complaint before Nursing counsel for getting permission for the same

Dont forget to rating . 

In present situation she have to follow ESMA guideline otherwise her license may terminate. Maximum it can extend to more six months only.

Dear Sir/Madam,

The Covid 19 pandemic has changed the scenario of the world and everyone is directly or indirectly affected. You are suggested to submit the application and complaint against the hospital activities to the MCI

Health issues, medically unfit to attend duty is the only choice available to you.

This is only the way you may join another job without being accepted your resignation. 

She can send a resignation with condition of time bound acceptance(say of 7 days) than send a legal notice after 7 days and join another employer.

You are at liberty to resign from job as per appointment letter 

then hand over resignation serve one month notice period  as per appointment letter. 

Even if ESMA is applied then too she can change her hospital. She is not shying away from her work.

1. When ESMA is imposed most of the rights of employee are suspended.

2. Her resignation can be rejected notwithstanding her willingness to serve the notice period.

1. Your sister need to continue the job of nursing because of Disaster management act and epidemic disease act people serving in health sectors cannot leave the job without permission of govt. 

2. Her license can be cancelled and hospital can also lodge FIR against her not obeying govt orders under section 188 IPC.

Ask her to give the resignation. If it goes to nursing council it can be challenged as your sister is ready to join another hospital.