Confused About Notice Period Rules? Seeking Advice on Leaving My Job Without Legal Trouble

Hi seniors, I am a fresher and have been recruited by an MNC three and a half months ago without any bond. I only received an offer letter from the company, which mentions the salary structure and the next grade, but nothing about the notice period. I have not received an appointment letter that includes the condition of a three-month notice period before leaving the job.

My HR has informed me that I have to serve a three-month notice before leaving the job, or else legal action will be taken against me. Please suggest a solution to the above problem as soon as possible. Your suggestions will be highly appreciated.

Thanks and regards.

If you accept to serve a 3-month notice period, you have to work for the notice period. Otherwise, they have the right to take legal action against you with the help of the letter you provided to them. Alternatively, try to convince your HR. They may help you to resolve this issue.

In my opinion, the company can't take legal action against you if you do not serve the notice period. Logically, because they have not given you your appointment letter which contains the terms and conditions of employment. At the time of joining, they only provided you with an offer letter which does not mention the notice period. Following the offer letter, if they had given you an appointment letter which you would have accepted, then the company would have had the full right to file a legal case against you.

I would suggest you handle this situation amicably with your HR.

You say that you haven't received any Appointment Letter. But did you blindly sign any documents while joining? Please think calmly and recollect—if they are stating so confidently, then they could have some document.

Probation Period and Notice Period

You are a fresher. Usually, any company (even MNC) has a 6-12 month probation period, and the notice period during probation is typically 1 month. After probation (i.e., regularized service), it would be longer. So, your HR may be leveraging this point to pressure you into compliance by stating the notice period as 3 months. Please check the HR policies regarding this aspect—you should be able to obtain them from your seniors there.

Considering Your Options

Since you have only been in service for 3-4 months, the worst-case scenario could be forgetting this experience if you leave and start a new job. However, this should be a last resort if your facts are correct.

Regards,
TS

I face a similar problem. I have worked for a company for over two months. Now, I have a better offer, so I have left the previous company without any notice. I am a fresher, and there was no bond associated with the previous job. I was also in the probationary period. I just possess the ID card. I have worked for 20 days, and if they wish, they can retain the wage they would have to give me. If I send the ID card through courier, will that be okay? What else would I have to face?

Hello, if they have not given you the appointment letter or anything in which it is mentioned that you have to serve a notice period, then they cannot take any legal action. However, please recollect if you have signed or acknowledged any paper or testimonial wherein it is mentioned that you have to serve the notice period. Does your offer letter mention anything about the notice period? Please go through the offer letter they have given to you.