Resignation Notice Period in India: What to Do When Your Company Skips the Paperwork?

Please let me know the resignation period as per labor law in India. The company has not provided any official documentation such as an appointment letter or offer letter. What should be the minimum notice period? The company management is using abusive language and threatening that I have not given any notice period or completed a handover-takeover process when I leave the organization.

Resignation/notice period depends from company to company. As per standing order/service rule, it is generally between 30-90 days, and it has to be from both sides. There is no hard and fast rule under any law.

Your query is incomplete. Please provide details of the company's structure under which it falls (factory or shop and establishment). Additionally, indicate whether you have resigned, the notice period you have given, and elaborate on the company's response. Only with this information can the members of this group offer you an accurate answer. Otherwise, the responses provided may not be applicable to your situation and could mislead you.

What is your job profile? Do you get more than ₹15,000 per month? If yes, then labor laws do not apply to you. You may leave by giving a simple letter to them even though no appointment letter was given.

Thanks. In case of further queries, please come back.

Sir, it is always better to give notice of resignation in writing for some minimum period as per terms of the contract or Standing Orders, as may be applicable. This may also be a good ground for you to demand an Experience Certificate as well as full and final settlement of dues. Without any proper leave-taking, the ex-employer will try to make it an absconding case, and for your new employer, it will be difficult to conduct your service verification.

Illegal Activity by Employer

It is very clear from your post that your ex-employer has engaged in illegal activity by not issuing any appointment letter to the employee. It is mandatory for every service, and it should be treated as an agreement between the employer and employee where everything should be clear.

Lodging a Report

You may lodge a report with the local police station against your employer for using abusive language and threatening you. Notice is not mandatory where an appointment letter is not issued.

Regards, S Shome GM - HR & Admin Shri Maa Group of Companies

Issue with Resignation and Legal Threats

I have one doubt. I worked in a small company with a salary of less than 15,000/-. I submitted my resignation with a 30-day notice period and served the full 30 days, but the employer has not responded to my resignation. They have also not provided me with my relieving letter, experience letter, or any emails and notices. I have not violated any bonds or conditions. Now, after 4 months, they are threatening legal action against me. Please suggest what I should do.

Note that I stopped going to the office on the 30th day of the notice period, and up to that point, I had not received any notices or emails. Please help me with advice on how to protect my career.

Thanks in advance.

Dear all, I have one doubt. I worked in a small company with a salary of less than 15,000. I gave my resignation with a 30-day notice period and served the full 30 days. However, my employer has not responded to my resignation, and now they are not providing me with my relieving and experience letters. They have not sent me any emails or notices. I have not violated any bonds or conditions. Now, after 4 months, they are saying they will take legal action against me. Please suggest what I should do.

Note: I stopped going to the office on the 30th day of the notice period, and until then, I had not received any notices or emails. Please help me on how to safeguard my career.

Thanks in advance

Employment Ethics and Legal Implications

I believe that employment is a commitment between the employer and employee, which should adhere to ethical guidelines. Unfortunately, this practice has diminished, leading to regulation through various labor laws and governmental interventions.

From your description, it appears your employer has not been "ethical," as they did not issue you a letter of appointment. Similarly, you did not provide notice before resigning from the company. Both actions seem far from "legal," and if brought before a legal forum, could result in significant penalties, leaving a "permanent scar" on both parties.

It seems best to resolve this amicably through mutual discussions and a settlement process. I hope your ex-employer will be reasonable enough to at least pay you the "due salary" for the period you worked. A letter of experience from such a company may not be worthwhile, and avoiding bitterness might be beneficial.

This situation should serve as an "eye-opener" for future employments.