Matxavier
The employer didn't give any offer/appointment letter. He only provided 1 line sentence in the email, that you can come from tomorrow your salary will be x rs. And office timing 10 to 7. I agreed on email. Never signed any paper. Employer started giving salary to bank account, and started pf as well.
Should I give a notice period if want to leave? Any legal obligations?

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Matxavier
Designer
Nathrao
Insolvency N Gst Professional
KK!HR
Management Consultancy

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Dinesh Divekar
7534

Dear Matxavier,

Though technically you are correct, you are taking a little simplistic view of your employment.

Yes, the issue of the appointment is a statutory obligation. Nevertheless, though this obligation was not fulfilled, you continued with the employment. Because you needed the job. It appears that now you have got a better opportunity. So when you wish to separate, you had an epiphany of not having been issued with the appointment letter.

All along, why did you not ask for the appointment letter? What was the hold-up?

In his email to you, your employer did not write anything about the issue of the "Service-cum-Employment Certificate" also. In case, you stop reporting for the duties, and if the employer does not issue the employment certificate, then it could nullify your tenure in this company. Are you prepared for this eventuality?

If you abandon the employment and as a retaliation measure, what if the employer keeps you on the rolls of his company, then your UAN of PF will remain as it is. In that case, will it not create a problem in future employment?

Please have a realisation that you are working in India. Employers always enjoy a whip hand here. Therefore, discretion demands not to demonstrate impudent boldness.

You may talk to your employer. Understand his thought process. Nothing wrong if you agree to serve a notice period of up to 15 days. Later submit a letter of resignation. Complete the notice period and have a separation on a positive note. If you separate on a bitter note, your employer has nothing to lose, but it could jeopardise your career!

Thanks,

Dinesh Divekar

From India, Bangalore
nathrao
3106

"The employer didn't give any offer/appointment letter. He only provided 1 line sentence in the email, that you can come from tomorrow your salary will be x rs. And office timing 10 to 7. I agreed on email. Never signed any paper. Employer started giving salary to bank account, and started pf as well.
Should I give a notice period if want to leave? Any legal obligations?"

Agreeing for offer of employment on email is as good an acceptance as any in such matters
You have accepted salary and also commenced work.
Now cross check with employer about notice period and act accordingly.
Always good to leave on positive note as employers do cross check with previous employer.

From India, Pune
saswatabanerjee
2289

Irrespective of whether you signed any papers, you are working there and there is an implicit contract of employment. therefore, you are under legal obligation to give a formal resignation, stating what is the last working day.

In General, 30 days notice is required. It is also stated in most standing orders, which is the indicative terms of employment. If you are on good terms with the employer, why don't you speak to him, tell him you wish to leave and what is the notice period required. If the notice period is reasonable, follow the procedure and take a clean exit.

I keep getting background verification from persons who have left 10 years back. So don't create unnecessary problems for your self.

From India, Mumbai
PRABHAT RANJAN MOHANTY
530

Since your employer didn't give any offer/appointment letter, thereby your employer does not have any such employment conditions.

Your employer cant compel you to serve notice period. But it can not be ruled out that your employer may harass you by not providing the relieving letter.

It is you to decide if you can handle the resignation matter gracefully. Though your case of resignation without notice period stands legally strong but harassment cant be ruled out.

From India, Mumbai
KK!HR
1320

As per the IT Act 2000 read with the Contract Act 1872, there is a subsisting agreement between you and the establishment. You have accepted the offer given to you by mail and worked accordingly thereafter. So now to raise the issue that there is no hard copy given to you or that you have not signed in acceptance the appointment order does not hold much water. So you are bound by the employment terms communicated to you. It doesn't look correct to leave the employment just like that.
Is there anywhere mentioned or communicated by general mail that the employees would be be bound by the employment terms and conditions/Service Rules?.
Anyhow you can give your resignation and await the response. You can come back to us thereafter.

From India, Mumbai

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