How to Handle a Delayed Formal Joining Letter When a New Offer Requires It?

I recently received an offer from a small startup via mail. In that mail, the joining date, notice period, and CTC were mentioned. It was also stated that the formal offer/joining letter would be provided after joining the organization. I joined the organization 2-3 days ago and have already started working.

When I requested the HR for the formal offer/joining letter, she mentioned that I would receive it by the end of this month. Typically, companies issue the formal joining letter before or on the joining day. When I inquired about the reason for the delay, she vaguely explained that the team is working remotely, which is causing the delay.

However, I have received another offer from a better company. They are willing to wait for my notice period at my current company but require a formal joining letter from my current company stating the notice period. They stated that without this letter, they cannot wait. As my current company is delaying the formal offer letter, I am unsure how to navigate this situation. The new company insists on a formal joining letter and does not accept a mail copy.

How should I handle this situation given the circumstances?

Even if you have not received the formal offer from your current employer, emails regarding the joining offer should suffice. If the next company you wish to join has committed to offering you a position and allows you to start after a month's notice, you can tender your resignation to your present company. You can BCC the resignation/notice period email to the management of the next company. This action will assure them that you are currently employed and intend to join them by a particular date.

Dear Ramit Goyal,

Under the provisions of the Indian Contract Act, 1872, an appointment letter is a contract between an employer and an employee. In your case, you were issued an offer letter but not an appointment letter. Therefore, the employer-employee relationship has not been established. Since the appointment letter is not issued to you, the employment terms and conditions are not enforceable. Therefore, as advised by the previous member, you can go ahead and tender the letter of resignation with BCC of this email to the future employer. In fact, do not delay your exit as further delay will increase your involvement in the current start-up, which could delay your joining the future company.

Perhaps your current start-up could be testing the waters. You could be under close watch, and they might be testing your stability. By not issuing the letter of appointment, they have left the door ajar. Perhaps, they could also be a little apprehensive about your continuation with them.

Your future company is asking for the completion of the notice period. However, they can be told that since the appointment letter has not been issued, the conditions of separation, which are part of the terms and conditions of the employment, are not applicable.

Thanks,

Dinesh Divekar