No Offer Letter Received: Do I Need to Give Notice or Worry About Legal Issues?

The employer didn't give any offer or appointment letter. He only provided a one-line sentence in the email stating, "You can start from tomorrow, your salary will be X Rs., and office timing is 10 to 7." I agreed via email but never signed any paper. The employer started depositing the salary into my bank account and initiated PF contributions as well.

Should I give a notice period if I want to leave? Are there any legal obligations?

Dear Matxavier,

Though technically you are correct, you are taking a somewhat simplistic view of your employment.

Statutory Obligation of Appointment

Yes, the issue of the appointment is a statutory obligation. Nevertheless, even though this obligation was not fulfilled, you continued with the employment because you needed the job. It appears that now you have a better opportunity. So, when you wish to separate, you had an epiphany of not having been issued with the appointment letter.

Why Didn't You Ask for the Appointment Letter?

All along, why did you not ask for the appointment letter? What was the hold-up?

Service-cum-Employment Certificate Concerns

In his email to you, your employer did not write anything about the issue of the "Service-cum-Employment Certificate" as well. In case you stop reporting for the duties and if the employer does not issue the employment certificate, then it could nullify your tenure in this company. Are you prepared for this eventuality?

Potential Consequences of Abandoning Employment

If you abandon the employment and as a retaliatory measure, what if the employer keeps you on the rolls of his company, then your UAN of PF will remain as it is. In that case, will it not create a problem in future employment?

Please realize that you are working in India. Employers always have the upper hand here. Therefore, discretion demands not to demonstrate impudent boldness.

Advice for Separation

You may talk to your employer. Understand his thought process. There is nothing wrong if you agree to serve a notice period of up to 15 days. Later, submit a letter of resignation. Complete the notice period and have a separation on a positive note. If you separate on a bitter note, your employer has nothing to lose, but it could jeopardize your career!

Thanks,

Dinesh Divekar

"The employer didn't provide any offer or appointment letter. They only included a one-line sentence in the email stating that you can start tomorrow, with a salary of X Rs and office hours from 10 to 7. I agreed via email but never signed any physical documents. The employer began depositing the salary into my bank account and initiated PF contributions.

Notice Period and Legal Obligations

Do I need to give a notice period if I want to leave? Are there any legal obligations?

Agreeing to the offer of employment via email is as good as any formal acceptance. You have accepted the salary and started working. It's advisable to confirm the notice period with the employer and proceed accordingly. It's always beneficial to leave on a positive note as potential employers often cross-check with previous ones."

Implicit Contract of Employment

Irrespective of whether you signed any papers, you are working there, and there is an implicit contract of employment. Therefore, you are under a legal obligation to give a formal resignation, stating what the last working day will be.

Notice Period Requirement

In general, 30 days' notice is required. It is also stated in most standing orders, which are indicative terms of employment. If you are on good terms with the employer, why don't you speak to him, tell him you wish to leave, and ask about the notice period required. If the notice period is reasonable, follow the procedure and make a clean exit.

Background Verification Concerns

I keep receiving background verification requests for individuals who left ten years ago. So don't create unnecessary problems for yourself.

Since your employer didn't give any offer or appointment letter, your employer does not have any such employment conditions. Your employer can't compel you to serve a notice period. However, it cannot be ruled out that your employer may harass you by not providing the relieving letter.

It is up to you to decide if you can handle the resignation matter gracefully. Though your case of resignation without a notice period stands legally strong, harassment cannot be ruled out.

As per the IT Act of 2000, read with the Contract Act of 1872, there is a subsisting agreement between you and the establishment. You have accepted the offer given to you by mail and worked accordingly thereafter. Therefore, raising the issue that no hard copy was given to you or that you have not signed the appointment order in acceptance does not hold much water. You are bound by the employment terms communicated to you. It does not seem correct to leave the employment abruptly.

Communication of Employment Terms

Has it been mentioned or communicated via general mail that employees would be bound by the employment terms and conditions/Service Rules?

Regardless, you can submit your resignation and await a response. You can then come back to us thereafter.