Left Without Notice: Can My Former Employer Take Legal Action Without an Appointment Letter?

I have an HR-related query. I left a company without serving the 15-day notice period, but they never gave me an appointment letter or any confirmation letter. They provided me with a payslip, but they did not deduct any PF. Can they take any legal action against me? If yes, what action can be taken against me, and how can I bypass or negotiate that?

I have some HR-related queries. I left a company without serving a notice period of 15 days, but they never provided me with an appointment letter or any confirmation letter. They issued me a payslip but did not deduct any PF. Can they take any legal action against me? If yes, what actions can be taken against me, and how can I bypass or negotiate that?

Legal Implications of Leaving Without Notice

An offer was made to you, and you have the full right to reject it without any legal implications unless you signed a bond or the acceptance appointment letter. Since you didn't accept the offer, there is no legal binding on your side. While being paid a salary is acceptable, the actual employer-employee relationship is formed only after the firm hands over the appointment letter, and you sign the duplicate of it and return it to the firm. Until then, the relationship is on hold. So, don't worry; there won't be any action against you as the employee-employer relationship was never established. Hope this helps. 

If there are any dues payable, they will adjust the same against your notice pay. However, if there are no dues payable to you, they will find it impossible to pursue any legal remedy against you. Any organization will be ill-advised to go for recovery proceedings merely on the basis of certain payslips issued by them.

Regards,
KK

Dear friend, your details are inadequate. How long did you serve in this company, and in what position? Are you under probation? How did you know that you have to give 15 days' notice? However, whatever the circumstances, it won't sound good to stop without giving your formal resignation. Unless it is submitted, you don't sever your ties with this company. To have a good moral feeling, please send your resignation under proper acknowledgment. Clearly state you have nothing to hand over upon your resignation. If you didn't ask for the appointment letter or PF while in service, why? You did receive your salary. Legally, you were in service; then how do you have to get out? Did you resign, or were you dismissed/terminated? How are you going to fill your CV?

Regards, Kumar.s.

Even though the company did not provide any offer letter or appointment letter, the fact that you served in the company for some time itself establishes an employer-employee relationship. Therefore, it is better to exit in a way that honors this relationship, i.e., by sending a proper resignation with a notice period, if necessary.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Don't worry, your last employer has no right to take legal action, provided that you have not engaged in any illegal activities that could lead to legal action under the IPC. Otherwise, don't worry.

Regards,
Dilip

Hi Mr. Saikumar, I have already sent my resignation email to them, requesting them to waive off my notice period; however, they have refused. My question now is, since they did not provide any appointment letter or any confirmation letter, and now that I have already joined another company and can't think of serving the notice period, what are my options? Can they take any legal action against me if I do not serve any notice to them (keeping in mind I did not get any confirmation letter or any appointment letter—which, as per me, is illegal itself), and will I be considered an employee of the employer at all?

Regards,

Don't worry and enjoy your new role in the company. What Mr. Sai Kumar suggested is the "ideal practice" that should be followed. Since you have not signed any appointment letter, which gives rights to both parties in the employer-employee relationship, it is fine.

So, move on, and best of luck with your future endeavors. :)

Handling Resignation and Legal Concerns

Now you have joined the new company. You have sent in your resignation, but they have refused to accept it. As an erstwhile employee, you performed your part of the obligation of the employer-employee relationship by sending a proper resignation. This is the minimum required of an employee who worked in an establishment. Now they cannot say that you have absconded. It is none of your business whether they accept your resignation or not, since the new employer, it seems, did not insist on any relieving certificate.

So far as the notice period is concerned, they have not communicated with you in writing about any such condition either by way of an appointment letter or by an offer letter. Thus, there is no contractual ground for them to proceed against you on this score. Your ex-employer has not said anything about legal action, though he refused your resignation since he has no ground to take it, and no employer will resort to legal action in such matters. Otherwise, he will be busy with such issues that occur day in and day out. So enjoy your present job. Don't live in the past. There will always be solutions. Look ahead.

Regards,
B. Saikumar
Mumbai

Notice Period Start Date

On the topic of resignation and notice periods, I would like to ask: From when does the notice period start? Is it from the date the employee submits their resignation, or from the date of acceptance of the resignation? Please advise. Thanks! 

If there was no appointment or confirmation letter and there was no contractual relationship legally, then where does the submission of the resignation letter originate?

Your relationship with the previous employer was based on understanding, and during the period you worked, they were only paying against vouchers. Now, for some reason, you have left that company. That's fine, and there is absolutely no problem. There is no need for you to submit a resignation letter. Furthermore, regarding the 15 days of serving notice in case of separation, where did you get this information from? Have they communicated this requirement to you separately? If not, do not take any action on this either.

Regards,
BK Mohanty
Advisor and Senior Consultant
Bhubaneswar
[Phone Number Removed For Privacy Reasons]

As others mentioned above, your previous organization cannot take any legal action against you for not serving the notice period of 15 days since you have not signed any appointment letter. You just need to think about your experience certificate from your previous organization. You may not need that now, but definitely, you will need it in the future in case you want to show your experience from the previous organization on your resume.

Regards,
Vishnu

In that case, the question of to whom the resignation was submitted comes to mind. If the supervisor was unavailable, then the resignation must be submitted to the Manager or someone above for acceptance. Therefore, the final decision should be made by the management, taking into consideration various facts and figures.

Thank you.

When an employee works on a daily basis and is paid on a daily basis, the understanding is that he may or may not report for duty the next day. Under those circumstances, he need not submit his resignation. However, when an employee works on a monthly basis and is paid monthly, the understanding will be that he will report for duty the next day and thereafter as well.

Termination Notice in Employment

In such a continuing master-servant relationship, it is understood that the party intending to terminate the relationship must give a formal notice of their intention to do so. We cannot discuss the legal requirement of submitting a resignation due to the lack of details in this case. However, submitting a resignation will prevent an employer from declaring an employee as absconding, which is crucial for an employee's career and prevents the former employer from questioning the employee's ethics.

Thus, submitting a resignation may be a prudent step rather than suddenly disappearing from the workplace.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

No legal action would be taken as your joining formalities were abrupt and not according to the HR policy.

Hi Mr. Saikumar, I forgot to mention that they did specify a 15-day notice period in the offer letter which I signed, but I was not given any appointment letter or confirmation letter. Am I still liable for a notice period in that case?

Regards,

Though the question is directed to Sai Kumar ji, I hope I can answer this.

Dear Sourcing Specialist,

When a company provides an offer letter to an employee, it is an offer extended from the employer's side. You have the right to accept or reject it.

Appointment Letter and Notice Period

Ideally, your appointment letter should be given to you on the day of your joining or within a week. Some firms, however, issue the appointment letter only after one month of continuous tenure.

When an appointment letter is issued to an employee, full information regarding the notice period and other obligations is provided for your review, and you are expected to sign the acceptance on its duplicate copy.

Once the appointment letter is signed and issued, it signifies that you accept the terms and conditions of the firm and are expected to adhere to them.

In your situation, you were never provided with an appointment letter, nor did you sign the acceptance of it. Therefore, the question of a notice period does not arise.

However, resign on a good note by submitting a formal resignation letter and provide them with at least two days' notice so you can facilitate a smooth handover.

While you are not formally bound by the notice period clause, presenting yourself professionally can leave a positive impression.

All the best, and I hope this was helpful :)

Now that you have joined a new job, that is the action you have already taken, so don't worry about the past. There have been enough inputs given by members on how to counter the ex-employer's demand/action. Moreover, no employer will be after an employee for a 15-day notice period. Enjoy your present job. All the best.

Regards,
B. Saikumar
Mumbai

No appointment letter was received from the company. I resigned from the job by sending an email. I was not served any notice period, which was also not provided in writing. They are withholding one month's salary and asking for the notice pay amount, threatening legal action if not paid.

Can the employer take legal action without an appointment letter, probation period, or confirmation letter? I worked for ten months. Please advise.

Did the company reply to your resignation letter, either rejecting it or providing a reason? If not, without any response from the company, it will be deemed that your resignation has been accepted.

Are they asking you to pay the notice period in writing? If yes, then the content of the letter is crucial, and you may want to consider seeking legal advice to craft an appropriate response.

Furthermore, write to your company requesting immediate settlement of any outstanding salary (they are not permitted to withhold salary).

Do not worry about the notice period unless you have signed any document, such as an appointment letter or any undertaking stating that you will abide by the rules and regulations in place. They cannot take legal action unless you have not returned any items that may have been given to you by them for use in performing your work or job. So, as others have also mentioned, just relax. The only consequence may be that you will not receive an experience letter, and if feedback is sought from your previous company, it may not be in your favor.

Regards, Col. Suresh Rathi

An employee worked for 11 months in an organization, but he refused to accept the appointment letter or kept postponing it. Eventually, he became absconding. Now, he is claiming for full and final settlement and other dues. However, the company does not want to settle his dues or provide a relieving letter because he is an absconding employee. The employee is alleging that the employer did not give him an appointment letter and is not settling his dues.

Who is to blame?

In this case, whom should be blamed? Is it the organization or the employee?

Employer's Duty to Issue Appointment Letter

It is the duty of the employer to issue an appointment letter. Unless you have documented that you have tried to serve the appointment letter to him and he 'refused' the said letter, you are at fault. For example, you have sent the appointment letter to his address by speed/registered post, and it was returned by the postal department. If you do not have any documents of serving him the appointment letter, then he has every right to raise the dispute of not receiving the appointment letter.

Understanding Unauthorized Absence

There is no term as 'absconding' in labor law. If he is absent/not coming to the office without leave and/or permission, then he is guilty of unauthorized absence. For such an act, disciplinary action may be initiated. From the bare reading, it looks like the company is on the back foot.