If I received an offer letter stating a 45-day notice period, to which I responded accepting the offer. However, upon starting the job, I found the job profile to be significantly different from what was discussed during the interview. The offer letter mentioned fixed shift timings from 09:00 to 18:30, with no mention of working beyond these hours. Despite this, I was required to work until 21:00, resulting in a 12-hour shift starting from 09:00, leading to health issues.
I was also informed that I would have the 2nd and 4th Saturdays off, which did not happen. Due to these discrepancies, I decided to leave the company without formally resigning and informed my immediate supervisor that I would not be returning to work starting the next day. My last working day was May 11, 2018. However, today I received a letter from the company demanding a 45-day notice period, threatening legal action or payment if not complied with. I am concerned and seek advice on what steps to take.
I am unable to serve a 45-day notice period as I am slated to join a new company on June 27, 2018. Can the company take legal action against me based solely on my acceptance email? I never received an official appointment letter nor signed any document outlining termination or resignation clauses. Your urgent guidance is greatly appreciated.
From India, Thane
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I was also informed that I would have the 2nd and 4th Saturdays off, which did not happen. Due to these discrepancies, I decided to leave the company without formally resigning and informed my immediate supervisor that I would not be returning to work starting the next day. My last working day was May 11, 2018. However, today I received a letter from the company demanding a 45-day notice period, threatening legal action or payment if not complied with. I am concerned and seek advice on what steps to take.
I am unable to serve a 45-day notice period as I am slated to join a new company on June 27, 2018. Can the company take legal action against me based solely on my acceptance email? I never received an official appointment letter nor signed any document outlining termination or resignation clauses. Your urgent guidance is greatly appreciated.
From India, Thane
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How long did you work in this company? Are you in need of relieving documents?
As per you, there is no documentation about the notice period, and they have not given appointment orders. The company cannot succeed in legal actions against you. They really have no grounds for criminal or civil action. Have you told the new company about this company employment?
From India, Pune
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3180As per you, there is no documentation about the notice period, and they have not given appointment orders. The company cannot succeed in legal actions against you. They really have no grounds for criminal or civil action. Have you told the new company about this company employment?
From India, Pune
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Dear Nathrao,
I worked for a very short period of time from 2nd May 2018 to 11th May 2018. No, I don't need any relieving documents. Yes, correct, a proper appointment letter was not issued to me at all, mentioning the resignation and termination clause, and I have also not signed any such documents wherein it was mentioned that in case of separation at any point in time, the employee will have to serve a notice period of 45 days. If not serving the notice period, the employee will be liable to pay 45 days' salary to the company, and failure to do so, the company will have the right to take criminal/legal action against the employee. The only thing that I am worried about is that in the offer email which they sent me, it had two attachments wherein in one attachment, small details were mentioned about the working hours, leave policy, probation period, notice period, etc., and in the other attachment, the salary breakup was there. I just replied to that email writing I accept the offer, so I just wanted to know whether on the basis of that trail mail, can they take legal/criminal action against me, which they are threatening me to do so and also threatening me that they will publish all this in highly circulated newspapers. I am really worried by this threat they are giving me. Kindly advise what I should do as I don't want all this mess to affect my new employment in any way. Kindly help and advise ASAP.
Kindly check the attached document that they sent me while releasing the offer to me for your reference.
Thanks and Regards, Salman Shaikh
From India, Thane
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I worked for a very short period of time from 2nd May 2018 to 11th May 2018. No, I don't need any relieving documents. Yes, correct, a proper appointment letter was not issued to me at all, mentioning the resignation and termination clause, and I have also not signed any such documents wherein it was mentioned that in case of separation at any point in time, the employee will have to serve a notice period of 45 days. If not serving the notice period, the employee will be liable to pay 45 days' salary to the company, and failure to do so, the company will have the right to take criminal/legal action against the employee. The only thing that I am worried about is that in the offer email which they sent me, it had two attachments wherein in one attachment, small details were mentioned about the working hours, leave policy, probation period, notice period, etc., and in the other attachment, the salary breakup was there. I just replied to that email writing I accept the offer, so I just wanted to know whether on the basis of that trail mail, can they take legal/criminal action against me, which they are threatening me to do so and also threatening me that they will publish all this in highly circulated newspapers. I am really worried by this threat they are giving me. Kindly advise what I should do as I don't want all this mess to affect my new employment in any way. Kindly help and advise ASAP.
Kindly check the attached document that they sent me while releasing the offer to me for your reference.
Thanks and Regards, Salman Shaikh
From India, Thane
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Annexure makes it clear about the notice period. One cannot say he is unaware of the clauses. By signing the acceptance and joining duty, you have impliedly accepted the terms and conditions. Probably you need to consult a lawyer to advise you as no one can say whether the company will initiate legal action against you.
From India, Pune
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From India, Pune
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Dear Nathrao,
Upon conducting my research on Google, I have discovered that an Offer Letter is not considered a formal document and is insufficient to establish a contractual agreement and an employer-employee relationship between two individuals. The offer letter, although not a legally binding document, outlines the terms of employment for a candidate and provides them with the option to either accept or reject the proposed employment situation.
The main distinction between an appointment letter and an offer letter lies in the stage of the recruitment process that each represents. An offer letter serves as a confirmation of the decision made regarding an employment opportunity, specifying details such as compensation and start date, along with requesting necessary documents for employee verification. On the other hand, an appointment letter is issued after the candidate has accepted the offer and includes formalities regarding the job and the company.
The offer letter process involves a business or organization submitting an offer to a candidate, allowing them adequate time to resign from their current position and join the new company as agreed upon. The offer letter typically includes details such as the job location, start date, salary, and a list of required documentation, which may include identification, Social Security data, and degree certifications.
An offer letter is not a legal confirmation of employment but rather a formal notification to the candidate regarding the terms of the job offer. Once received, the candidate has the option to accept or reject the employment situation outlined in the offer letter. It is essential for a potential employee to receive an offer letter to facilitate a smooth transition from their current position to the new one.
In contrast, an appointment letter is issued after the offer letter has been accepted and typically includes detailed job assignments, responsibilities, compensation, benefits, and other employment-related terms. It serves as evidence that the new hire has been appointed to a certain position within the company.
Thank you for the detailed information provided.
Best Regards,
Salman Shaikh
From India, Thane
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Upon conducting my research on Google, I have discovered that an Offer Letter is not considered a formal document and is insufficient to establish a contractual agreement and an employer-employee relationship between two individuals. The offer letter, although not a legally binding document, outlines the terms of employment for a candidate and provides them with the option to either accept or reject the proposed employment situation.
The main distinction between an appointment letter and an offer letter lies in the stage of the recruitment process that each represents. An offer letter serves as a confirmation of the decision made regarding an employment opportunity, specifying details such as compensation and start date, along with requesting necessary documents for employee verification. On the other hand, an appointment letter is issued after the candidate has accepted the offer and includes formalities regarding the job and the company.
The offer letter process involves a business or organization submitting an offer to a candidate, allowing them adequate time to resign from their current position and join the new company as agreed upon. The offer letter typically includes details such as the job location, start date, salary, and a list of required documentation, which may include identification, Social Security data, and degree certifications.
An offer letter is not a legal confirmation of employment but rather a formal notification to the candidate regarding the terms of the job offer. Once received, the candidate has the option to accept or reject the employment situation outlined in the offer letter. It is essential for a potential employee to receive an offer letter to facilitate a smooth transition from their current position to the new one.
In contrast, an appointment letter is issued after the offer letter has been accepted and typically includes detailed job assignments, responsibilities, compensation, benefits, and other employment-related terms. It serves as evidence that the new hire has been appointed to a certain position within the company.
Thank you for the detailed information provided.
Best Regards,
Salman Shaikh
From India, Thane
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Dear Nathrao, I have not signed anywhere or anything. I just replied to the email that i accept the offer that’s it. Thanks and Regards, Salman Shaikh
From India, Thane
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From India, Thane
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There is an implied acceptance of the offer when you worked for 8 days. The firm can create trouble if they want. The mail is clear about the notice period. Anyway, the decision is yours. We can only suggest based on the info you have given. By the way, the links and info you have given are based on US law, and Indian law differs in many ways. All the best.
From India, Pune
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From India, Pune
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Dear Salman Shaikh,
The acceptance of the offer via email for employment with the establishment from 2nd May 2018 to 11th May 2018 is sufficient. Your other complaints, such as extended working hours and working days not aligning with the terms of appointment, are irrelevant at this juncture. Your actions amount to a violation of the terms of appointment, putting your employer in a position to take legal action. In case of a legal battle, any medical documentation can assist you.
Many astute employers choose to publicize such matters in local and national newspapers, along with photos, to notify the public about staff absconding and to request information on their whereabouts.
Not everyone should be considered gullible. Acknowledge your mistake and take responsibility for it. By doing so, you will benefit in the long run as you will have to face the consequences of your actions.
Kind regards,
[Your Name]
From India, Mumbai
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The acceptance of the offer via email for employment with the establishment from 2nd May 2018 to 11th May 2018 is sufficient. Your other complaints, such as extended working hours and working days not aligning with the terms of appointment, are irrelevant at this juncture. Your actions amount to a violation of the terms of appointment, putting your employer in a position to take legal action. In case of a legal battle, any medical documentation can assist you.
Many astute employers choose to publicize such matters in local and national newspapers, along with photos, to notify the public about staff absconding and to request information on their whereabouts.
Not everyone should be considered gullible. Acknowledge your mistake and take responsibility for it. By doing so, you will benefit in the long run as you will have to face the consequences of your actions.
Kind regards,
[Your Name]
From India, Mumbai
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