Confused About Notice Period Rules in India? Seeking Advice on Handling My Situation

Dear sir,

I worked with a private limited company where I was appointed three months ago. At the time of my appointment, I was given only an offer letter. After working for three months, the company did not provide me with an appointment letter, leading to job insecurity, which prompted me to leave the job.

The issue arises as the company did not specify in writing that I needed to give a notice period before leaving the job. When I contacted the company's HR, they informed me that I must pay two months' salary as a notice period, even though there was no written agreement. This demand seems to be in response to my claim for a settlement amount.

I seek guidance on Indian labor laws concerning the notice period so that I can address this matter with the company and secure my rightful dues.

Thank you,
Prashant Soni

Dear Sir,

Thank you very much for your reply. The industry where I was working was in Vadodara, Gujarat State, and was a manufacturer of GRE Pipes and Fittings.

Kindly let me know how I can claim my full and final amount as the company's chairman is not agreeing to pay due to the lack of a notice period from my end.

Please advise me on the relevant laws in this regard.

Thanks,
Prashant

Dear Prashant,

Normally, offer letters do not specify the terms and conditions of resignation/notice period. It is only an intent prior to the appointment letter. If there is no clause mentioned in your offer letter, you need not pay any notice as you will still be treated on probation, and you can immediately quit and are entitled to your full dues.

Regards,
Baba Naresh

This is the situation most of us have faced. Even one is conscious of money. If you have not received the appointment letter for 3 months, you have taken it as job insecurity. I believe in three months you have received your salary for two months. Have you asked why they are not giving you the appointment letter? Sometimes the employer issues the appointment letter even after 6 months to check if the employee is worthy or not.

If you have not received any appointment letter, you can quit the job and do not have to pay anything to the employer. If the company takes any legal action, you can simply say you are a freelancer and have been working as a freelancer so you received those payments for your freelancing activity and not as a salary. The amount that you are supposed to get from the employer, I suggest you better forget it, the company will never pay you, and you cannot even get it as the employer will show you that you never worked on the payroll since you do not have any appointment letter.

I equally support the employer as they spend on the employee (in terms of training, admin facility, electricity, security, etc.), which is more than your one-month salary. For your resignation, the employer is also going to face problems. Better join another job and do not accept any registered parcel from your current employer.

Best of luck

Dear Prashant,

Don't you think you became impatient? If you can wait for 3 months, why not just wait for 3 months more? You should have asked for it at the time of joining or within 5-6 days of joining. After 3 months, you wake up.

Anyways, you can prove your employment with the company by presenting any of the following: an ID card, employee attendance register details, a salary check, or any bona fide letter given to you signed by an authorized signatory of the company.