Facing a Notice Period Dilemma Without an Offer Letter: How Should I Proceed?

Hi, I am working in a Pvt. Ltd. company. I was selected on an off-payroll basis in February 2010. After six months, I was put on the payroll of the company, but I was not given any offer letter. However, my salary is being credited directly to my account from the company's account.

I have now received a job offer from a new company with a significantly higher salary. My notice period when I joined my current company was 15 days, and I am supposed to start at the new company on 12th December 2012. I submitted my resignation letter on 26th November 2012, but my company is insisting that I serve a one-month notice period as I am on the payroll now. I am required to serve a one-month notice period, but I do not have an offer letter. It was my mistake not to request one, as my company has never deducted any money from my salary. I am the only employee in Kolkata, operating from my home, and I report to the head office every day via email.

The new company is urging me to join as soon as possible, but I was unaware that my notice period is one month. Sir, what should I do now? Please advise me.

Thank you.

You will have to serve the notice. The best solution to reduce the notice period is to ask HR to adjust the pending paid leaves against the notice period, and the rest can either be served or paid off.

Regards,
Ash

Understanding Your Notice Period Dilemma

Legally, they never informed you of the notice period, and you can claim they were aware that it was communicated to you as 15 days. However, leaving the company in a dispute or on a negative note is not a good idea. They might create a problem in the future in case of a background check.

Options to Consider

You have two options:

1. Tell your new company that you need another 15 days for the notice period. They will probably agree.
2. Tell your existing company you want to be relieved early and are willing to buy out the notice if they want.

Promise to give whatever help you can to whoever will join in your place later, including handover and perhaps taking them to clients or services, etc.