It does not amount to deemed resignation. The employee has to undergo some legal process. The thoughts on this subject is shared as under :
The employer is taking the advantage of the fact that your new employer will not wait eternally for your joining.
What does the termination clause reads in your employment?
Is serving the notice period mandatory? or you have been given an option to buy-out the same . If there is notice period you are entitled to get relieved from job thereafter along with relieving letter. You are bound to serve notice period mentioned in the appointment letter
send them a detailed email on this account and legal notice. you can issue legal notice to employer to furnish you relieving letter and experience letter . If they still refuse to issue experience letter then these will help you to prove your experience. Unfortunately no legal recourse is suitable to get you experience letter.
You are only having bounden duty to serve the notice period as per the terms of the Appointment Order or Offer letter as the case may be. The company must issue a relieve letter along with experience letter after the completion of the notice period. In the event of non issue of relieving letter or any required document for the employee that amount to breach of the contract and you are entitled to get compensation and damages from the company.
You can send an email to your HR department and put Copy to Reporting Manager to issue relieving letter after the completion of the notice period. And you need to incorporate one more para that ” In the event of non acceptance of my resignation or no respond towards this letter shall be deemed to have been accepted and my last working day will be on…………( after 2 month). You need to handover all the company movable properties which you got at the time of joining or during the course of employment. Or you can send these immovable properties through registered post to the company address if the Company deliberately avoid to receive the same.
Please serve them legal notice that you will file case of extortion against them … they have no rights to forfeit someone’s documents further tell your future office that the old office is not giving your documents…. company cannot force you the work against your wishes. inform your new employer that your employer is refusing to give experience and relieving letter
As per law 2 months notice may be sufficient you can solve this problem through company registrar if not through court. your appointment letter a d salary slips are sufficient proof that you worked in said organisation
Contact your new employer informing that you have already resigned but your present employer is illegally retaining you by refusing to issue release order. They may allow you to join them with out te release order if they are convinced that you have resigned after giving proper notice and your present employer is refusing to release you.
Thereafter, you can lodge a complaint before the local labour commissioner. You can also file a damage suit claiming compensation for the damage caused to you by your present employer by illegally refusing to issue you the release order though you had resigned following ten terms of your employment.
Second, you can issue a legal notice to the company to issue relieving letter after completion of notice period by accepting your resignation. For your information, most of the companies will accept the Resignation letter irrespective of the endorsement/ resignation acceptance letter subject to completion of notice period.
As you aware, employment shall be interpret as contract between employer and employee. Both are having equal right and liabilities over the contract under the terms and conditions as depicted the same therein. Hence, employer shall not treat the employees like a slaver.
Finally, you need to talk with MNC company’s HR team with regard to current issue and send email to your present company towards legal consequence by dint of non issue of relieving letter as required to the MNC company. Else you can approach the Labour Court to get direction and approach the Civil Court to claim compensation and damages with respect to the same. In my opinion, no relieving letter or experience letter is required when your employment order and salary certificates and Salary credits through cheque or online credit as it becomes documentary proof. Therefore, your act will be sufficient once you submitted resignation before the company and served the notice period as per the terms of the appointment order and send a final e-mail on the final day evening as ” As you aware, Today is my last working day and all the best and share your personal email Id as well phone number for any further query “.