Saswatabanerjee
Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Saikatdhar
Litigation, Statutory Compliance, Drafting
Riteshmaity
Labour Law Advocate
Sankar Shome
Gm - Hr & Admin

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Please let me know the Resignation period as per Labour law in India, Company not given a single letter like, Appointment letter, Offer Letter etc.
What should be the minimum notice period because company management using abusing word & when I leave the organization , they are threating to me that I have not given any notice period & hand over take over.
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Resignation/ notice period depends from company to company. As per standing order/ service rule it is generally between 30-90 days and it has to be from both sides. There is no hard a fast rule under any law.
You're query is incomplete.
Please tell us details of the company, structure, I am under which it falls ( factory or shop and establishment)
Further, you must tell us whether you have actually resigned and what notice period you have given. You will also have to tell us what exactly the company has said.
Only then, will you be able to get a proper answer from the members of this group. Else, the answers will be given on as the missions which may not be true in your case and will mislead you
what is your job profile ? do u get more than 15000/- pm. if yes then labour laws does not apply on you. u may leave by giving a simple letter to them even though no appointment letter was given.
thanks. in case of further query please come back.
Sir, it is always better to give notice of resignation in writing for some minimum period as per terms of contract or Standing Orders, as may be applicable. This may also be a good ground for you to demand Experience Certificate as well as full and final settlement of dues. Without any proper leaving, ex-employer will try to make it an absconding case and for your new employer, it will be difficult to conduct your service verification.
It is very clear from your post that your ex-employer has done a illegal activity by non issuing any appointment letter to the employee. It is mandatory for every service and it should be treated as agreement between employer and employee where everything should be clear. You may lodged a report with local police station against your employee for using abusive language and threatening to you. Notice is not mandatory where appointment letter is not issued.
Regards,
S Shome
GM - HR & Admin
Shri Maa Group of Companies
Dear all
i have one doubt i worked in one small company with salary is less then 15000/ i given resignation with 30 days notice period and i served 30days also but he is not giving any replay to my resignation but he is not giving my reliving and experience latter and any mails and notices to me. i dont break any bonds and conditions. and now after 4months he is telling case against you please suggest me what to do.
Note i am stop going to office in 30th day of notice period still on that time i don't received any notice and mails please help me how to save my career
thanks in advance
Dear all
i have one doubt i worked in one small company with salary is less then 15000/ i given resignation with 30 days notice period and i served 30days also but he is not giving any replay to my resignation and now he is not giving my reliving and experience latter. he don't send me any mails and notices to me. i dont break any bonds and conditions. and now after 4months he is telling i put case against you please suggest me what to do.
Note i am stop going to office in 30th day of notice period still on that time i don't received any notice and mails please help me how to save my career
thanks in advance
Dear Friends,
I somehow feel that any Employment is a commitment between the Employer and Employee and has to follow some ethical guidelines. It however has hardly remained an ethical practice and that is the reason why employments are regulated through various Labour Laws and Governmental interventions.
From your paragraph it seems that your Employer had never been “ethical” as he did not issue you a Letter of Appointment and you followed the track by not giving a notice before resigning from the Services of the Company. In fact both of you seem far from being “Legal” and if taken to any Legal Forum would be penalised heavily that may leave a “Permanent Scar” on both of you.
It seems it could best be solved amicably following mutual discussions and settlement process. I feel you ex-employer would be human enough to atleast pay you “due salary” for period you worked with him. A Letter of Experience from such company does not seem worth to me and to avoid bitterness can be foregone.
This, however, should be taken as an “Eye Opener” for future employments …….
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