No Appointment Letter, No Confirmation Letter,do I Still Give 15 Days Notice?

Dear Friend
If there was no appointment or confirmation letter and there was no contractual relationship legally ,then wherefrom submission of resignation letter arises.
Your relationship with the previous employer was an understanding and for the period you had worked , they were paying against vouchers only. Now for some reason or other you have left that concern. Fine. Absolutely no problem. You need not submit any resignation letter and what for. Further regarding 15 days serving of notice in case of separation wherefrom you got this information. Have they separately communicated you. If not, donot take any action on this either
regards
bk mohanty
Advisor and Sr Consultant
Bhubaneswar
9937822563.

From the employee's sid, he/she has notified the employer by submitting his resignation letter. By this he as well count the notice period. Whereas the employer may or may not count from the date of acceptance or otherwise, it depends. However legally employee's submission date will do.
Regards
kumar.s.

Hi,
As others mentioned above your previous organization can not 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 in your previous organization. You may not need that now. but definitely you need that in future in case you want to show your experience of previous organization in your resume.
Regards
Vishnu

Dear Friend
Notice period should be considered from the date of submission of resignation letter
regards
bk mohanty Advisor and Sr Consultant
9937822563

Thanks to all of you and a special thanks to Mr. B Saikumar for all the help and advises and best wishes. I am so grateful to all your
kind words and suggestions. Citehr is the best site ever..!!
Regards,

Hello sir,
Even I has an idea that notice period starts from the day when employee puts down his paper.
But say this is the scenario -
Employee submitted his resignation on say 1st of the month and has 30 days notice to serve.
But on 1st his supervisor was not in town and had gone out for business purpose.
Supervisor returns after a week on 8th. And he accepts the resignation on 8th but asks the employee to serve 1 month's notice period from then i.e. till 7th of next month.
Is this fair or an employee can refuse to serve the additional 1 week's notice and can ask the supervisor that his last working day would be 30th of the month?
Kindly advice.
Thank you.

Definitely this is not fair. Legally and otherwise also the notice period count down starts from the day the employee concerned puts in the paper.If the superior is not available, then the employee concerned should not be held responsible and should not be allowed to suffer keeping his career. at stake
regards
bkmohanty

Hi Ankita,
In that case, to whom the resignation was submitted comes into my mind. If supervisor was unavailable than the resignation must be submitted to Manager or above for acceptance.
Hence, the final call should be taken by the management considering many facts/figures.

Dear friends,
By all means any correspondence could be submitted to the office of the firm, irrespective of whether the immediate superior is available or not. For records sake any papers given to the office (inward/despatch/reception) would be deemed to be received for and on behalf of that very office. If an officer is not on duty the office does not stop working. So in this present case the resignation could be submitted to the office under ackmt. which shall be taken on record. Otherwise, e-mail route is the best suited and convenient, of course, copies to all concerned including HR, and the immediate superior and HOD/the appointing authority (legally he is the competent person to deal such matters.) The date of submission shall prevail in case of any dispute.
kumar.s..

When an employee works on daily basis and paid on daily basis, the understanding is that he may or he may not report for duty the next day and under those circumstances, he need not submit his resignation. But where an employee works on monthly basis and paid on monthly basis, the understanding willbe that he will report for duty the next day and thereafter also.In such contnuing master-servant relationship, it forms part of the understanding that the party intending to terminate the relationship,gives a formal notice of his intention for so doing. We can not discuss much about the legal requirement of submitting a resignation for want of details in this case. But a resignation will pre-empt an employer from declaring an employee as absconding which is also crucial for an employee from his career point of view and from giving an ex-emplyer a chance of pointing fingers at an employee's ethics.Thus a resignation may be pudent step rather than doing a sudden disappearance act from work palce.

B.Saikumar

HR & labour Law Advisor

Mumbai