Hi. I am a fresher working in a company and just finished probation however I have not been given an appointment letter. I want to leave the company without serving notice period which is 3 months because I have another job offer as a fresher. Only signed an initial offer letter which mentioned employee has to serve 3 months notice. No bond or anything. Any legal issues involved if I do?
19th January 2017 From India, Mumbai
If you do not serve the notice period of 3 months as per your offer letter, then you are liable to pay 3 months salary in lieu of the notice period.
If you do not serve notice period nor pay the 3 months equivalent amount, then the company may initiate legal proceedings against you to recover the same.
Now whether the company will initiate the legal proceeding considering the legal cost and time (Though I have no idea about your salary) to recover the sum is entirely a different matter.
19th January 2017 From India, Kolkata
Thanks for the reply. It says three months but 1 or 2 employees usually have left with a month notice as well. Verbally discussing I asked my manager if they wanted to hold back my salary for the month. I am okay with it. But he said this is and this is not in the company policy.
20th January 2017 From India, Mumbai
Dear PPOE,
Since no appointment letter was issued to you, the 3 months clause wont apply to you.
You can join the other firm as this company will not be able to take any legal action against you.
20th January 2017 From India, Mumbai
I have missed the point that no appointment letter was issued to you.
Since there was no appointment letter, there is no requirement of serving any notice period. You can resign with immediate effect.
20th January 2017 From India, Kolkata
But I did sign in initial offer letter. That isn’t considered an appointment letter,is it?
20th January 2017 From India, Mumbai
Offer letters and appointment letters are different. Was there any terms and conditions related to notice period/ pay in your offer letter?
21st January 2017 From India, Kolkata
Only one point that stated both employee and employer will give 3 months notice in writing to leave the company. Nothing else about noticr or pay.
After 6 months on probation, I was to get an appointment letter which I haven't got.
21st January 2017 From India, Mumbai
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