Notice Period Confusion: Can I Resign Immediately if It's Not in My Contract?

Hi all, I want some guidance: if the notice period is not mentioned in the offer letter (contract job), is there a need to serve a notice period, or can we immediately resign? Thank you.

In the absence of any notice period mentioned in the appointment order, it is presumed that both parties can terminate the contract of employment without offering any notice. However, in respect of an employee who has not been working in a managerial role, i.e., a workman under the ID Act, the employer cannot simply terminate them but should follow the provisions of the ID Act, which state that a notice is required to be served if an employer wishes to terminate an employee. In the case of a contract job (a job with a pre-fixed term), no notice is required if the termination occurs on the date of expiry of the contract.

If it is a job (employment on salary), then in most cases, the notice period and exit are mentioned. If you are the HR, you should have the format changed.

Notice Period Guidelines

If no notice period is mentioned, then the standard notice period specified in the relevant act (factory, shop & establishment) as well as in Standing Orders (which always have a standard notice period) will apply. If it is not in either, then you will need to also check if there is an HR Manual (provided it was shown, communicated, and employees were given a chance to read and know it), then the notice period stated in that will apply.

Non-Statutory Notice Periods

For non-statutory source notice periods (e.g., in HR Manual), it needs to be a normal 30 days or what is generally acceptable in the industry. An excessive period would be rejected by the courts (if the matter went up there).