jocoba9801@gmail.com
I signed and accepted an offer letter from an MNC. The offer letter says this about the notice period: "In the event of your resignation from services of the Company during probation period and thereafter, you will have to give 90 days’ notice."

I have not received any appointment letter or joining letter so far. I'm still in probation period. However, I want to quit without serving the last two months of notice duration. It has been only 15 days in project and there's no meaning for a smooth handover. I tried talking to HRs and managers but they are not cooperating.
Please suggest.

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Pvenu1953@gmail.com
Retired Government Servant/advocate
KK!HR
Management Consultancy

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KK!HR
1367

You have signed and accepted the offer letter containing the notice period and are bound by it. The issue of appointment order is an administrative follow-up action, its absence cannot help you to come out of the obligation. Probably your higher-ups cannot help, so it is better to talk to HR and have a clear understanding.
From India, Mumbai
s.tiwari@accelindia.com
2

Yes you can immediately left the company as you have not received any appointment letter. Offer letter is different from appointment letter.
You may leave without any notice and you are not bound to serve any notice period.
Sanjay Tiwari
M: 9727704102

From India, New Delhi
saswatabanerjee
2355

I completely disagree with Sanjay Tiwari

The offer letter is an agreement that you have signed. The terms in it are binding irrespective of whether you got an appointment letter. If you get an appointment letter, it being a later contract, will override the terms in the Offer letter

From India, Mumbai
s.tiwari@accelindia.com
2

sorry sir
i don't agree with you. Offer letter is not an agreement, it is only an offer company has give to the selected candidate.
Even company cant force any candidate to join the company after accepting the offer letter.
if you have any paper related to this please share with me because offer letter can be taken from many more companies by an employee it is up to him, which company he should join as far as it is concerned Appointment letter if Appointment letter would have been received by an employee then also during probation period then also an employee can leave without notice during probation period.
Regards,
Sanjay Tiwari

From India, New Delhi
s.tiwari@accelindia.com
2

sorry sir
I don't agree with you. Offer letter is not an agreement, it is only an offer company has give to the selected candidate.
Even company cant force any candidate to join the company after accepting the offer letter.
If you have any paper related to this please share with me because offer letter can be taken from many more companies by an employee. It is up to him, which company he wants to join. Even after acceptance of an Appointment letter, if probation period clause is there then also an employee can leave without notice period during probation period.
If no probation clause is there then an employee is bound to serve notice period as mentioned in appointment letter, otherwise no notice period is required during probation period.
Once again an employee can left the company without notice period if he has not signed appointment letter.

Regards,
Sanjay Tiwari
Dy. G.M.(HRD & IR)
Air Control & Chemical Engineering Co. Ltd.
M: 9727704102

From India, New Delhi
s.tiwari@accelindia.com
2

sorry sir
I don't agree with you. Offer letter is not an agreement, it is only an offer company has given to the selected candidate.
Even company cant force any candidate to join the company after accepting the offer letter.
If you have any paper related to this please share with me because offer letter can be taken from many more companies by an employee. It is up to him, which company he wants to join. Even after acceptance of an Appointment letter, if probation period clause is there then also an employee can leave without notice period during probation period.
If no probation clause is there then an employee is bound to serve notice period as mentioned in appointment letter, otherwise no notice period is required during probation period.
Once again an employee can left the company without notice period if he has not signed appointment letter.

Regards,
Sanjay Tiwari
Dy. G.M.(HRD & IR)
Air Control & Chemical Engineering Co. Ltd.
M: 9727704102

From India, New Delhi
basanagouda-patil1
2

Hi,
1. In particular to offer letter, if you have accepted & signed the offer letter and not reported to duty (i.e not filled & submitted the joining docket) then no need to give notice, simply you can give excuses and take a part. BUT DOING SO IS UNETHICAL. I ADVICE IF YOU ACCEPTED THE OFFER, THEN YOU NEED TO BE COMMITTED.
2. If you signed and submitted the joining docket, you will get the formal appointment letter within few days. You need to serve the notice period as per the letter of appointment.

From India, Mysore
pvenu1953@gmail.com
115

Facts posted suggest that you have already taken up the appointment. As such, the issue of the appointment letter is not at all a decisive factor. By accepting the terms offered and joining, the employment the contract has been completed.
From India, Kochi
saswatabanerjee
2355

Mr. Tiwari,

At the risk of boring the others, I will point out the technical (legal) part of the matter here.

Under the Contract act:

1. Sec 2 (h) - ‘An agreement enforceable by law’.
2. Sec 2(b) - Promise : ‘when the person to whom the proposal is made signifies his assent thereto, the proposal becomes an accepted proposal. A proposal when accepted, becomes a promise’. A promise to do or abstain from doing something becomes an agreement when it is accepted by all the parties involved in the agreement

3. Essentials of a valid contract : Sec 10
* Two Parties- A valid Contract must include a minimum of two parties; one that makes the offer and the other to whom the offer has been made and who must accept the proposal for it to become enforceable.
* Legal Obligation- The parties entering into a Contract must have the intention of entering into a legal obligation.
* Certain Terms- A legal Contract must have certainty of meaning.
* Possibility of Performance- A Contract is considered valid only when it does not involve the performance of an impossible Act.
* Free Consent
* Competency- The parties must be legally competent to enter into a Contract.
* Consideration- The Contract must involve consideration as per the principle of ‘quid pro quo’ or something in return.
* Legal Consideration- Section 23 of the Contract Act defines a legal consideration as something not forbidden by law.

Now, please tell me which of the above is missing in an Offer Letter? It is a proposal made by one party, accepted by the other, done of free consent by persons competent to enter into agreement. There is a consideration too (and not the consideration need not be exchange of money).

Actually, either side can sue the other in a court for breach of terms of the accepted offer. It is a general practice that an appointment letter is issued (legally required in few states) when the person joins. If it is issued, and accepted, it will override the offer letter. Till then the terms of the offer letter is valid and enforceable.

If the candidate takes offer letters from multiple parties, none of them are enforceable at that stage, but once he accepts it, it is binding on him and the company. If he is accepting multiple of them, it is legally actionable by any or all of them.

With ref to Notice Period, there is no notice period during probation only if it says so in the offer letter / appointment letter or the standing orders. Otherwise, normal notice period applies. If you think no one needs to give notice during probation, that is a misconception. Most companies provide for it, but it is not the law.

From India, Mumbai

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