Can I Resign Without Notice If I Never Received My Appointment Letter?

I am working as an HR professional in a retail company for the last 5 months. Everyone here has received their appointment letters except for me. Despite my inquiries and multiple reminders, I have not received my appointment letter. Every time I ask, I am told, "You are receiving a salary, why do you need the letter?"

Now, I am considering leaving this company due to travel issues. My question is, do I need to serve a notice period after submitting my resignation as I have not received my appointment letter?

Thanks and Regards,
Richa

From a strict legal perspective, you can simply resign forthwith without any notice since there are no formal appointment orders confirming your contract of employment with the employer. However, as an HR professional, you have to acknowledge that the completion of your 5 months of service in the organization implies a tacit acceptance of the appointment. Therefore, you would be automatically governed by the service regulations, including the notice period on resignation, as applicable to all other employees in the same organization. If you have any valid reasons for leaving other than the appointment letter issue, you can negotiate with the employer to ensure that your exit is formal and mutual, thereby avoiding any obstacles in your future career. This is my personal view.

You need to look at your own career and determine if this particular experience will be helpful in the future. If yes, consider giving a reasonable notice period [1 month] and obtaining a relieving letter along with other documents and payment. Who knows, it is a small world, and you may end up in the same company, if not now, maybe at a later stage in a senior position. It is always good to part ways amicably and be in a position to greet any of your former employers or colleagues if you happen to meet them anytime. Legally, you may not be bound, but that might be taking things a bit too far, which I am sure you are not interested in at this stage of your career, nor does it serve any purpose.

Regards