Can My Employer Stop Me from Leaving Without an Offer Letter or Signed Agreement?

Hello, I am Soham. I am working in an IT company, and now I want to leave the company because I am getting a new job. The thing is that my employer has not given me any offer letter even after working there for 18 days. There is not even any agreement that I have signed.

Probation Period Details

Even when my interview was conducted, the employer mentioned that the probation period is three months. During this probation period, I can leave the company without a notice period, and the employer can terminate me without a notice period. After the probation period, the employee has to give a notice period of two months, and the employer has to give a one-month notice period.

Current Situation

Now, when I informed my employer that I wanted to leave the job, he is telling me that I will have to continue working there, or he will mark me as absconding, even though I am not leaving the company without informing him.

The important thing is that the employer did not provide me with the offer letter even after I asked many times, so I feel insecure about my job. I applied elsewhere and got selected. Now, I want to know what the employer can do in this situation.

I want to mention again that I have not signed anything, and there is no agreement. They have not yet provided me an offer letter. I have only submitted photocopies of my documents, but there is not a single thing that I have signed. Please, please, please help me with what can be done now.

Regards,
Soham

Thank you very much, sir, for your reply.

The company is quite small; it is an IT company that develops websites, with only seven employees, including the main boss. I was working there as a web developer.

I am worried because I have provided photocopies of my documents. Also, I wanted to inquire if it is acceptable for me to join a new company? Should I submit a resignation letter to them, or is it not necessary?

Don't worry. It's just 18 days old. Unless you have given them the original docs, you don't need to worry. No new employer will ask for a 15-day tenure exp. Don't worry at all and move ahead. Best of luck!

Just give your resignation letter and quit. Please see "Dynamics of Human Resource Management: Employee Separation – Resignation, Termination, and Absconding" about absconding.

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Thank you very much, sir. I was under huge pressure.

I would also like to know, what is absconding? Can it be a problem in the future if I want to join an MNC company? This is what he was saying.

Hello Sohampatel,

Please confirm if you have received any salary, which is possible if you joined around the 20th of last month. If you have not received any salary, do not write a resignation letter. You have not been provided with an offer letter or appointment letter, and there has been no salary payment as well. This indicates that the company does not have any record of your employment there (providing photocopies of certificates does not prove anything).

If you choose to resign formally, you will be creating a written record of your employment there. It is important to understand this point. Do not include this experience on your resume.

All the best.

Regards,
TS

In the circumstances explained, you have no obligation. However, to be on the safer side, I would like to know whether you were marked present or in attendance there, if any ID was issued to you, or if there is any proof of you having worked there. If so, I suggest it's better to explain or quote all these uncertainties in a letter and state finally, "Since you, as an employer, have not provided any authentic documents to prove that I have been appointed as an employee of your firm despite my repeated requests, I have not gained any confidence in your sincerity to adhere to legal procedures. Therefore, I have no choice but to tender my resignation and quit with immediate effect. I am relieved of all responsibilities and hold no obligations in your firm. This is without prejudice to me seeking any legal course of action in this matter."

Thank you.

As you have not mentioned that you have received your money from the company in writing, you can easily leave the job without any notice and without informing the company. Since you do not have an offer letter or any documents proving your employment with the company, do not be afraid. According to the law, you are protected.