Can My Employer Enforce a 60-Day Notice Period Without an Appointment Letter?

Dear All,

I request all my senior CiteHR colleagues to advise me on the following point. I am working in a company where they did not provide an appointment letter upon joining. Now that I have resigned, they are insisting that I serve a 60-day notice period.

Please advise if I can leave the company without completing the notice period as required by them. Also, can they withhold my final salary and deduct the notice period from it?

Thank you.

Hi,

Please check, does your company have an HR policy or company policy?

How many employees are working?

What is the name of the company?

Do you have any other proof, such as a payslip, offer letter, online attendance record, or revision letter? If you have not signed any appointment acknowledgment, you can proceed with the labor court to seek a solution.

Hi Crystal, there are a few queries to be answered, in addition to what other friends asked you to clarify:

1. Probably, you should have received an offer letter before you joined this company. Check whether it contains any clause speaking about the notice period.

2. How do you propose to manage a relieving letter/experience certificate as it's likely that you won't be issued such letters unless you satisfy their requirements?

3. Did you submit a formal resignation letter, and was it acknowledged? If yes, was it accepted, rejected, or no response was given?

4. How do you propose to manage EPF/gratuity if you are eligible?

5. Is it the practice in this company not to issue a formal appointment letter, or are you being singled out?

I hope these clarifications help. Let me know if you need further assistance.