If you have not received any letter  confirming your promotion to the next higher post with the conditions stated therein, you can be deemed to be covered under the original offer letter alone 

Therefore you can tender your resignation with 30 days period alone quoting  the original employment offer letter and send this communication by registered post with a mention about your last working day and also may place your demands for F&F settlement, experience letter and the relieving letter by then.

You can stop attending the office with effect from the date following the last working day and resort to legal action if the company is not complying with the demands made or rejecting your resignation letter on the basis of its own fancy ideas/rules, because in the absence of any communication from the company about your elevation they cannot enforce their idea even legally. 

- 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.

- If you have not entered into a new contract with the company after accepting the proposals , and further not availed the promoted outcomes , then the notice period will be considered 30 days and not 90 days. 

- Since, you have already tendered your resignation , then either work for 30 days or send the amount for the same after adjusting full & final amounts. 

- Further, the company cannot take any legal action against you, and you are free to join another establishment. 

You are not bound to serve 90 days notice period 

as per your appointment letter you are required to serve only 30 days notice period 

no promotion letter has been served to you 

Employer it trying to bully. You are not liable to serve notice period of  90 days. When the notice period mentioned in offer letter/employment contract is 30 days, employer cannot force you to serve notice period of 90 days. The offer to promote you is just a bluff to get the extra assignments completed. Request them to communicate only through mails and not verbally. Try to sort out the issue amicably as Court proceedings drag for long period. Your will get appropriate relief but it will take months. Only if the employer is adamant, you should resort to legal proceedings. Further, there might be arbitration clause in you contract, you can also make use of that.

You can serve the notice period after resignation amd leave. You need to pay basic salary if you don't serve notice period

As you may need the relieving letter and also the experience certificate for all your future job prospects, it is better to serve out the 90 day notice period and exit gracefully.

Dear Client,

As per the facts which have been provided, your employer can't force you to serve a notice period of 90 days if it has been mentioned in the appointment letter that you need to serve a notice period of 30 days.

Thank You.