Hello, I joined a company, and now 6 months have passed, but I have not yet received an offer letter or confirmation letter. I have since left that company, but the HR department insists that I should have given a notice period. My salary was supposed to be generated from December 21st to January 20th; however, I left the company on January 17th, leaving me with only 4 days to receive my salary.
My question is, should I really have to pay anything? Why should I pay when I am unaware of the company rules as I never received an offer letter? Please confirm this for me.
From India, Hyderabad
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My question is, should I really have to pay anything? Why should I pay when I am unaware of the company rules as I never received an offer letter? Please confirm this for me.
From India, Hyderabad
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Importance of Employment Agreements
At the outset, for every kind of employment, there needs to be an agreement, such as an appointment letter or a contract of employment. This document lays out all the necessary terms and conditions of employment and serves as a base for any unforeseen issues like yours.
You should have demanded to sign one sooner or later, ideally at the beginning of your employment. Do you have written communications with them regarding the job offer or your salary? Keep a copy of all your communications with them month-on-month ready (maybe send it to your personal email) to serve as proof in case this matter escalates and you lose access to your work email. At least you will have some proof with you.
Addressing the Lack of Agreement
Did you not sign any agreement with them at all? Do you have any written communication from them regarding your salary, employment, or notice period? I strongly suggest that before you get into a conflict with them, you ensure you receive your monthly salary. What if tomorrow they put your final settlement on hold? How long are they asking you to serve the notice period?
Approaching Senior Management
Talk to the senior management regarding the lack of intimation on the notice period to be served. Explain to them politely and come to a mutual agreement on how many days' notice period you can serve or complete as many important tasks as possible.
It wouldn't be great if you left on a bitter note or did not receive your final settlement. It is better to come to a mutual agreement on this in the first instance.
Regards
From India, Mumbai
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15At the outset, for every kind of employment, there needs to be an agreement, such as an appointment letter or a contract of employment. This document lays out all the necessary terms and conditions of employment and serves as a base for any unforeseen issues like yours.
You should have demanded to sign one sooner or later, ideally at the beginning of your employment. Do you have written communications with them regarding the job offer or your salary? Keep a copy of all your communications with them month-on-month ready (maybe send it to your personal email) to serve as proof in case this matter escalates and you lose access to your work email. At least you will have some proof with you.
Addressing the Lack of Agreement
Did you not sign any agreement with them at all? Do you have any written communication from them regarding your salary, employment, or notice period? I strongly suggest that before you get into a conflict with them, you ensure you receive your monthly salary. What if tomorrow they put your final settlement on hold? How long are they asking you to serve the notice period?
Approaching Senior Management
Talk to the senior management regarding the lack of intimation on the notice period to be served. Explain to them politely and come to a mutual agreement on how many days' notice period you can serve or complete as many important tasks as possible.
It wouldn't be great if you left on a bitter note or did not receive your final settlement. It is better to come to a mutual agreement on this in the first instance.
Regards
From India, Mumbai
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Hi Mr. Psrikanthgoud,
No need to pay if your employer did not inform you about the notice period during the employment agreement and there was no discussion between you and the employer about it. In such a case, there is no need to serve the notice period.
With Regards, Mr. Thumbs Up
From India, Chennai
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No need to pay if your employer did not inform you about the notice period during the employment agreement and there was no discussion between you and the employer about it. In such a case, there is no need to serve the notice period.
With Regards, Mr. Thumbs Up
From India, Chennai
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The company cannot insist on any payment from you. Actually, you could have drawn pay on 21 Jan and then left. There is no agreement/offer letter and therefore no real contract between you and the company. Just decline to make any payment for the notice period, etc.
From India, Pune
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From India, Pune
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I do not understand how people are taking up jobs without an offer or an appointment letter in writing in the first place. Since you have worked for less than a month, complete the month, take your salary, and leave. If there is nothing in writing between you and your employer, just abandon the service. If one month's service is not added to your experience, it is not going to make any difference!
From India, Mumbai
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From India, Mumbai
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Notice Period Extension Letter Format.doc