Resigning Without an Offer Letter: Do I Still Need to Serve a Notice Period?

I had joined a midsize CA Firm and worked there for 6 months. At the time of joining, I did not receive any offer letter or appointment letter. However, I signed terms and conditions which mention that a 2-month notice period is compulsory.

My question is, "If I resign from the job, do I need to serve a notice period despite not receiving any offer/appointment letter based on those terms and conditions?"

The AO has not yet been served to you by the time of joining, so how do they know you have agreed to such clauses therein? Hence, the employer does not force you to discharge the duty for the term. However, you have been served for half a year. Make sure to close it in a smooth way at your end as well as with the employer!

Signing the terms and conditions is equivalent to signing the appointment letter. Therefore, you are liable to fulfill the terms stated, including a 2-month notice period.

If the poster is very particular about the issuance of an offer letter or appointment orders by the employer either before or soon after joining the services of the organization to indicate the fact of employment, he ought to have insisted on the same at the time of joining. Besides, he himself has admitted to signing the terms and conditions of his employment later, including the notice clause. Therefore, it is of no use to bypass the notice clause now under the pretext of non-issuance of appointment orders or offer letter.

Moreover, to my knowledge, the issuance of an appointment order is not mandatory as of now, except under the Sales Promotion Employees Act, 1976, and certain other State Shops and Establishments Acts. Even under such stipulations, appointment orders cannot be conclusive proof of employment.

Therefore, the poster has to serve the stipulated notice period or buy it out before leaving the services of the organization on his own.