AnonymousI had joined midsize CA Firm & had work there for 6 Months. At the time of joining I had not received any offer letter or appointment letter
However I had signed terms & conditions which mention that 2 months notice period is compulsory
My question is "If I resign from job Do I Need to serve a notice period in spite of not receiving any Offer/Appointment Letter based on those terms & conditions form ?"
From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Partner - Risk Management
The AO yet not served to you by time of joining so how do they know you have agreed for such clauses therein.
Hence, the employer do not force you to discharge the duty for the term.
However,you have been served for an half year .make it to close in smooth way at your end as well as employer!!!
From India, Coimbatore
saswatabanerjeeSigning the terms and conditions are equivalent to signing the appointment letter. You are therefore liable to fulfil the terms stated including 2 months notice period
From India, Mumbai
umakanthan53If the poster is very particular about the issuance of offer letter/ appointment orders by the employer either before or soon after his joining the services of the organization so as to indicate the factum of his employment, he ought to have insisted on the same at the time of his joining. Besides, he, himself has admitted having signed the terms and conditions of his employment later including the notice clause. Therefore, it is of no use to jump the notice clause now under the pretext of non-issuance of appointment orders/offer letter. Moreover, to my knowledge, issuance of appointment order is not mandatory as of now excepting the Sales Promotion Employees Act,1976 and certain other State Shops and Establishments Acts. Even under such a stipulation, appointment orders cannot be a conclusive proof of employment.
Therefore, the poster has to serve the stipulated notice period or buy it out before leaving the services of the organization on his own.
From India, Salem