Am I Legally Bound to a Job Without a Formal Offer or Appointment Letter? Seeking Advice

Employment Documentation Concerns

I joined this company a month ago. They conducted my interview and sent an offer via email, which included the CTC disclosure. However, they did not provide a formal offer letter on letterhead for me to sign and accept, nor did they send one with the proper company seal.

After joining, I still haven't received any offer letter. They mentioned that candidates might leave after negotiating with other companies, so they didn't provide an offer letter. Similarly, a month has passed, and I still haven't received my appointment letter. Now, they are telling me that I need to adhere to the rules and regulations of the policy.

Can they take any legal actions against me when they haven't provided any offer or appointment letter, even though they have given me one month's salary by check? Does this mean I am an employee of that company? Please reply as soon as possible. Thanks in advance.

Many companies in India do not give offer/appointment letters, but that does not necessarily mean that there does not exist any employer-employee relationship. Employment can be proved by substantial evidence too. Payment of salary through a cheque is a good document to prove your employment. There is no bar in taking legal action against you even when an appointment letter is not given.

But this is not right when your employee is not happy. You can't force someone to work if they are not satisfied, right? I left the organization days back, and now they are telling me to adhere to the policy! Why should I when nothing was done in writing? My salary slip doesn't contain my designation, and you issue salary checks to contractual workers too. How can you prove that I was a permanent employee?

Under the Information Technology Act, 2000, any electronically transmitted or stored document is a legal entity.

What is the content of your mail? Only CTC? If there are no terms & conditions mentioned in the said mail, then it can't be termed as an emailed appointment letter.

Your question is not only strange but also vague. When you ask, "Can they take any legal actions against me when they didn't provide any offer or appointment letter, although they have given one month's salary by cheque, does this mean I am an employee of that company? Please reply as soon as possible."

You have mentioned an offer by email, signed by you, sent back with the company seal, and that they have paid you one month's salary. However, you have not clearly stated what your specific issue is or what action of yours could potentially prompt legal action, especially after only one month of not receiving an appointment letter.

What do you mean by conveying, "as they told me that candidates would leave the company by negotiating with another company?" The question arises: why were you paid one month's salary - was it for working in the company or in lieu of a notice period?

Are they expecting all employees to resign?

To receive a suitable solution to your problem, you must clarify these issues.

Best regards,
[Your Name]

Legal Implications of Resigning Without Notice

Interesting how people post incomplete information, hide part of the details, and expect they will get answers from the forum that match their view. Now that you disclosed you resigned, the matter appears in perspective. Yes, the company can take legal action against you for leaving without notice. It does not matter if they have given you an appointment letter as long as they can show you knew there were rules and didn't ask for it, especially for things already stated in standing orders and rules.

You cannot just 'leave' the company at your whims if you are not 'happy' or 'satisfied'. Similarly, the company cannot terminate the service of an employee even if they are not 'happy' or 'satisfied'.
There are laws and procedures which both parties need to follow.

Issue with Job Offer and Seeking Legal Guidance

I was given an offer letter by a company called Infinity Labs through another company named Radartechnosoft. I was supposed to join on April 20, 2015. As the joining date approached, I inquired with Radartechnosoft, who directed me to contact Infinity Labs. Upon contacting Infinity Labs, their Head of HR informed me that they had halted recruitment on April 7, 2015, and advised me to speak with Radartechnosoft. Both companies seemed to be evading their responsibilities.

I received their offer letter on March 20 and accepted it, returning the necessary documents. I had given a notice period of 30 days to my current company. During this period, I received numerous phone calls from Radartechnosoft asking about my joining date. Since I had already resigned from my current job, I found myself unemployed due to the unresponsiveness of both companies.

As I am not financially stable, I am seeking guidance on how to issue them a legal notice as I faced unemployment for a significant period. I would like to pursue legal action against them, considering one company is located in Pune and the other in Bangalore.

I would greatly appreciate any assistance, and it is important for everyone to be aware of the actions of such companies.

Regards

To RiteshMaity -> Sir, I applied for resignation only when I received the offer letter and went through it. I then provided the notice period to the company.

To Saswat Banerjee -> Sir, I gave a notice period of 30 days according to company policy. My simple question is, why do companies deceive people by issuing offer letters when they do not have recruitment needs? What actions can be taken so that others do not fall victim to this?

Please let me know if you need further assistance.

They gave an offer via email for the position of HR in one of the SME companies. They assured me that I would be given HR work as per the job description. I understand that it takes time to adjust to an organization, so I gave myself a month to understand the role. I left in July after a few days, not only because of the adjustment period but also due to a very low salary and the lack of basic necessities like water during normal office hours. Additionally, the commute to the office was time-consuming.

These were some reasons that led me to leave the company. The company never had the practice of issuing offer letters because they feared new joiners might negotiate with other companies and leave. All the information I received about the job was simply an offer (CTC disclosure) via email; it was not attached as a separate file. The HR sent a simple email stating that I had been selected and disclosed my CTC; that was all. Since it was just an email conversation, how can it be considered an offer letter? An offer letter should be on a letterhead with all requisites like employer and employee signatures. It wasn't even an email offer letter where the offer is attached in the proper format. Thus, how can it be termed an offer letter as the company called it?

One month passed, and I was still waiting for my appointment letter. So, I want to ask, is it really legal in India to not provide an offer letter and appointment letter even after a month? Since I have already left the company and stated my problems and reasons beforehand, how can you tell me to adhere to the company's policies and rules and regulations when I never signed a document that stated a notice period or any other conditions? I received a salary cheque after the month of June, but that doesn't prove I was a permanent employee of the company. As an employee, I didn't have any proof that I was working there. Similarly, when I'm not confirmed as an employee, how can you tell me to adhere to policies that may include paying for damages or a notice period?

Now, I am asking whether they can take legal action against me or not because, according to them, they provided an offer letter, which I don't believe was an offer letter. Similarly, they think a salary cheque is legal evidence against me. How can an employer take legal action against me when I was already facing these problems, and even after numerous requests, I never received the required documents? My designation was also not mentioned on my salary slip. I was on a probation period for 6 months, so I don't think I was a confirmed employee. Surely, I made a mistake by leaving the company.

Kindly shed some light on this matter and suggest how I am wrong for leaving the company when I had already conveyed the reasons and sent a formal email as well.

Understanding the Complexity of Employment Issues

A good cocktail of two different stories by presumably two different people, A1. Kumar and anonymous. Finally, the 'anonymous' writes, "And after all this, I definitely don't think I did anything wrong by leaving the company."

So, what to assume and what not can be anybody's guess—whether the problem relates to one person or two different people, and whether he wants a solution to a specific problem or confirmation that he didn't make a mistake by leaving the company.

If you are the same person, why not come forward with only one identity or remain anonymous?

I suggest you take a personal appointment with a legal expert on service laws. They may be able to extract the necessary information from your jumbled stories by questioning you appropriately. Otherwise, you may not be able to clearly present your exact problem and the nature of help you need, even after multiple clarifications.

However, as stated by Mr. A1. Kumar, who is not financially strong and has asked about notice to the company, the question arises: if you are not financially sound, what will that notice achieve if you cannot afford to fight your case in court? Do you believe that merely a legal notice would solve your problem? If you are not financially sound and cannot bear the expenses for a court case, besides the waste of time in lengthy litigation, don't consider making such a move. Better concentrate on finding another job. If you feel you have sufficient grounds and strong evidence against the company or the placement agency, only then consider litigation. Otherwise, you may become more financially unstable.

Regards