Hi. I am a fresher working in a company and have just finished probation; however, I have not been given an appointment letter. I want to leave the company without serving the notice period, which is 3 months, because I have another job offer as a fresher. I only signed an initial offer letter, which mentioned that the employee has to serve a 3-month notice. There is no bond or anything mentioned. Are there any legal issues involved if I do this?
From India, Mumbai
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From India, Mumbai
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If you do not serve the notice period of 3 months as per your offer letter, then you are liable to pay 3 months' salary in lieu of the notice period.
If you do not serve the notice period or pay the 3 months equivalent amount, then the company may initiate legal proceedings against you to recover the same.
Now, whether the company will initiate legal proceedings considering the legal cost and time (though I have no idea about your salary) to recover the sum is entirely a different matter.
From India, Kolkata
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247If you do not serve the notice period or pay the 3 months equivalent amount, then the company may initiate legal proceedings against you to recover the same.
Now, whether the company will initiate legal proceedings considering the legal cost and time (though I have no idea about your salary) to recover the sum is entirely a different matter.
From India, Kolkata
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Thanks for the reply. It says three months, but 1 or 2 employees usually have left with a one-month notice as well. Verbally discussing, I asked my manager if they wanted to hold back my salary for the month. I am okay with it, but he said this is and this is not in the company policy.
From India, Mumbai
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From India, Mumbai
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Dear PPOE,
Since no appointment letter was issued to you, the 3-month clause won't apply to you. You can join the other firm as this company will not be able to take any legal action against you.
Regards,
Vineeta
From India, Mumbai
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Since no appointment letter was issued to you, the 3-month clause won't apply to you. You can join the other firm as this company will not be able to take any legal action against you.
Regards,
Vineeta
From India, Mumbai
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I have missed the point that no appointment letter was issued to you. Since there was no appointment letter, there is no requirement of serving any notice period. You can resign with immediate effect.
From India, Kolkata
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From India, Kolkata
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But I did sign in initial offer letter. That isn’t considered an appointment letter,is it?
From India, Mumbai
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From India, Mumbai
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Offer letters and appointment letters are different. Was there any terms and conditions related to notice period/ pay in your offer letter?
From India, Kolkata
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From India, Kolkata
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Only one point states that both the employee and employer will give 3 months' notice in writing to leave the company. There is no mention of notice or pay.
After 6 months on probation, I was supposed to receive an appointment letter, which I haven't received.
From India, Mumbai
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After 6 months on probation, I was supposed to receive an appointment letter, which I haven't received.
From India, Mumbai
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Appointment Letter to an Employee for fixed period.doc
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf