I understand that your company is forcing you to serve full notice period otherwise they will not issue relieving letter. This seems to be unfair and unreasonable on their part. You have every right to resign from your job and join a new company as per your wish and convenience.

There are some legal aspects and options that you should be aware of regarding your situation. Here are some of them:

The company's insistence on you serving the full notice period before releasing the relieving letter might be seen as unjust and unreasonable. Legally, as per the Industrial Disputes Act, 1947, Section 25F, both an employer and employee must provide at least a month's notice, or the equivalent salary, for termination or resignation respectively. This notice period can be altered based on the employment contract or mutual agreement. Any extension of the notice period through a circular without your agreement might not be enforceable. Employers must issue a relieving letter once the notice period or its monetary equivalent is fulfilled. If they don't, they might be legally accountable for breach of contract and harassment. In case of disputes, you have the right to approach legal avenues like sending a legal notice, consulting the labour commissioner, or approaching the labour court. Always consider seeking legal advice from professionals before making a decision.

You have to serve the notice period as per your appointment letter 

2) you can offer to pay salary if you are unable to serve the notice period 

3) company has to issue you reliving letter if they accept your resignation and you serve the notice period or pay salary in lieu of notice period 

You can force employer to relieve you after one month’s serving of notice  period by obtaining order from Court. But court proceeding take time. It can be anything between one year to two years by the time you get order from Court. Your career will be hanging in balance for two years. You name will also be tarnished in the market. Better to settle the matter amicably.  

The original terms of employment  shall be the governing rule.

The amendment brought in between ti.e., post your appointment, if not signed or accepted by you will not be binding on you.

The change in the policy by the company needs to be put into force by the company only if the employee accepts, if the company did not take action against the unwilling employee, then it is deemed that the employee shall continue with the original terms of employment  You issue a notice to the employee subsequent to your resignation letter and inform that you are ready to compensate for the notice period that was not served and the relieving letter may be issued after the last working date.

You keep the copies of the correspondences secured so that it will come to your rescue for future reference or dispute in this regard and stop attending the work after the prescribed last working date

- 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, if there was one month notice period was mentioned in the offer /appointment letter , then the company cannot force you to work 2 months 

- Send the amount of one month with the resignation letter and join the other company without any tension , the company cannot force you illegally. 

Dear client,