Is It Legal to Enforce a Notice Period Without a Signed Contract? Seeking Advice on My Situation

In my offer letter, there was nothing mentioned about the notice period, and neither have I received nor signed any appointment letter from my company. This company has deployed me to one of its clients. I have been working for this company for almost 2 months. Now, I have resigned from the company, and they are now asking me to serve a one-month notice period. Is it legal for the company to require me to serve a one-month notice period when I have not signed any contract as such?

As per my knowledge, if there is no contract between both parties, you don't need to serve a notice period.

I find no reason for you to serve the company. Legally, they have not offered you an intent letter or an offer letter stating the details. You need not worry; you can join the firm as you like. Have you received the payment?

Regards

Thank you, Sekhars111 and Srinuvas10, for the reply. Now they are saying this is the company policy, and I have to abide by it, or else they will report me as absconding and will not issue a release letter. Is there something that I can do?

Since the offer letter is not given, the release letter will not be issued. No need to worry, just take the payment and forget about it. Join the new firm and start a new career.

Dear Sekhars111, an offer letter has been issued, but there was no mention of the notice period. In the offer letter, it was stated that I would be under probation for six months.

I would like to highlight that the probation period means that the employer can terminate the employee at any time without any prior notice period. The same applies to the employee. If you feel like leaving the company during your probation period, you are not liable to serve any notice period for it.

I feel your company is simply exaggerating the issue, probably because you have some unfinished business there. I recommend that you speak to the concerned HR/supervisor to understand what they exactly want from you because legally you are not bound to them. They might be thinking of recruiting a new person and getting him/her trained by you so that no burden of training comes on their heads. So, try to have a polite talk on this issue.

Lastly, since you have not received any appointment letter, the company won't be issuing you any relieving letter either. Next time, keep in mind the importance of getting an appointment letter and simply move on from here. All the luck!

Regards,
Anshu

- The employer has issued only an offer letter. Have you accepted the offer letter? i.e., have you communicated in writing about the acceptance?

- If the company has a policy that addresses resignation/termination, then the said rules have to be followed.

- Has your resignation been accepted or returned for some reason? If not returned, then it's deemed accepted.

- Provided that you have requested immediate relief from service or on the specified date.

Dear Anshu and Kumaresank, I would like to express my gratitude for your assistance. As my new employer is willing to buy out my notice period, I have decided to proceed with selling it. This option offers me the most security at this point in time. Thank you both for your support.

Sincerely

I sought clarification from one of your professionals. I have joined by accepting an appointment order that does not include any clauses specifying the notice period required to serve when I resign. In this situation, how should I react?

No need to fulfill any notice period. You must state that you have neither issued any offer letter nor appointment letter to me. Please talk to your new company about the aforementioned situation as they will require your relieving letter or experience at the time of joining.

In case you require any legal advice, feel free to contact me.

Warm regards,

Regards

Check the Employee Handbook and Policy Book; it must be there. No one describes all the company policies in a one-page Offer Letter or even in a six-page appointment letter. Any Offer Letter or Appointment Letter needs to be read along with the Employee Handbook.