Feeling Stuck in a New Job: Can I Resign Without Serving the Notice Period?

Hi experts, I have joined an IT company in Pune on 8th Dec 2014. I have signed some forms but have yet to receive the appointment letter. The work in the project does not match what I was told during the interviews. The work culture also does not seem right. Everything is being done in a haphazard way. I don't want to continue here. As per the offer letter, an employee must serve a notice period of 3 months if they want to resign or pay an equivalent of 3 months' basic salary. I haven't received any monetary benefits from the company in any form so far.

Resignation Without Notice Period

Can I simply send an email informing them about my resignation without serving the notice period? Will I have to pay them? Can they take any legal action if I refuse to serve the notice period or pay them?

Hi Riddhima, Till date, they have just issued you an Offer of Employment Letter, which has been accepted by you before joining. The Appointment Letter is yet to be issued to you. The terms and conditions of the Appointment Letter will be binding on you only once you accept it by signing the letter.

Notice Period Clause

Generally, the Notice Period clause is not mentioned in the Offer Letter but in the Appointment Letter. Further, the Notice Period to be served varies if an employee quits during the Probation Period and After Confirmation.

But in your case, since the Notice Period was mentioned in the Offer Letter which has been accepted by you and that you have joined, the notice period is binding on you. This is sufficient for them to prove their case.

If you resign, they might ask you to serve notice or pay notice pay to them, which you will have to serve or pay them.

Forms and Policy Reference

You have not specified which type of forms you have filled and submitted to them. I presume that they may be Employment, PF, & Gratuity Forms. However, before giving your resignation, I would suggest referring to the HR Policy Manual or any Policy document of the company which speaks of the Notice Period (including Notice during probation and after confirmation). There should be some solution for you out of it. Also, refer to your Offer Letter whether it speaks anything about this.

If a 3-month notice is from the date of joining, if it is, then you have no option. I would like to tell you that first search for another job opportunity, once you get another offer you can resign by serving part notice (say 1-1.5 months) and balance by paying for the notice period not served.

Please let me know after referring to your company policy.

Regards,

Sumeet

[Email Removed For Privacy Reasons]

Thank you for the detailed explanation. Yes, the forms were related to employment, gratuity, insurance, PF, etc. The notice period will start from the date of resignation as per the offer letter. The company does not have any probation period. They will give the appointment letter by next week. Well, I already have a few offers which I can join in the next week. My point is that I am not getting the work they had explained to me in the interview. I have also not received any monetary benefits from the company yet. Can I resign on this premise and refuse to serve the notice period/pay for the notice period?

There can be any reason for your resignation. Since there is no probation period and the company has already mentioned the notice period/notice pay in the offer letter which you have accepted, you will either have to serve the notice or pay for it. If you don't abide by either of these, there is a possibility that the company will file a legal case because they have already taken an acknowledgment of the offer.

Regarding your second query, even though they have not paid you any monetary benefits, they will ask you to pay out of your pocket. I would advise you to serve a one-month notice and pay for the remaining notice period. This will benefit you in two ways. Firstly, you will not have a huge financial burden to pay the notice period. Secondly, the company you will be joining will also receive a good signal that you are a responsible employee and will join them after a proper handover of your job responsibilities from your previous employment.

Regards,
Sumeet

While I agree with Sumeet ji completely on his previous posts, I am reminded of a quote by the esteemed Shri. Ratan Tata which states: "I take a decision first and then make it right."

Considering that you only joined 4/5 days ago and feel that the project offered to you during the interviews does not align with what was discussed, my advice to you is to resign immediately. State the reason for resignation and mention that no notice pay is required from you, as indicated in the offer letter, due to circumstances that are compelling you to resign. Additionally, make sure to highlight in your resignation letter the fact that no appointment letter has been issued to you even after 4/5 days of joining.

Avoid the mistake of sending the resignation via email only. Send it via Registered A.D. mail.

Remember, the company cannot take any action; the responsibility to act lies with you.