Leaving Without an Appointment Letter: Am I Bound to Serve a Notice Period?

I have been associated with my current employer for the last 3 years (completed) and have not been issued any appointment letter as yet. Now, I am planning to leave the organization with a week's notice. Kindly suggest if I am liable to serve a 1-month notice or leave my 1-month salary with them as the same is customary in my current company. I would appreciate it if the consultant could refer to the legal provisions or case law in support of their reply.

Thanks,
Jayant

You have served your organization for 3 years. Even if you want to leave the organization now, request an offer letter, appointment letter, relieving letter, and experience letter from HRD. These letters will substantiate your experience, which will benefit you in negotiating and positioning your candidacy for better opportunities. I would suggest not going into legal action; instead, be polite and get your work (letters) done.

Regards

I do appreciate your opinion, but what if I already have an offer after a long time that exactly matches my career aspirations, with the prerequisite that I need to join them within a week's time, or else the offer shall stand revoked? I understand that my current employer will not want me to leave the organization, especially with such short notice. In that case, what do you suggest?

Dear Jayant,

Take them into confidence (the company has given you an offer). Make things crystal clear to them that this is the issue you are facing with your present employer. If they give you time to settle down issues with your current employer, well and good. Remember, indulging in dual employment is a crime (if any such condition is mentioned in the appointment letter).

1. If you have not signed any terms and conditions with your current employer, then you can leave the company without any exit formalities. However, you will lose your experience letter.
2. If you go for legal action without having an appointment letter against the company, you will stand nowhere. (Don't even think about it).
3. Why all these years didn't you ask for an appointment letter?
4. Try to have a constructive dialogue with the management and sort out things.

Best wishes.

You are caught between the devil and the deep sea. You have a choice to make: risk losing your new job or risk alienating your existing company forever. The choice must be made by comparing your short and long-term goals.

Considerations for Future Employment

What happens if your future employer, where you go after the next job, does a background verification? They will surely receive negative feedback. But on the other hand, if you leave this one, will you get the same opportunity soon?

Understanding Notice Pay Obligations

Irrespective of whether you got an appointment letter, you have been working for 3 years and are deemed to know and agree to the rules of the organization. This includes notice pay. So either you need to serve the notice period or pay for the same. It's as simple as that.