Hi experts,
I have joined an IT company in Pune on 8th Dec 2014. I have signed on some forms but yet to get the appointment letter. The work in the project is not matching what I was told during the interviews.
The work culture also does not look. Everything is being done in hap hazard ways. I don\'t want to continue here. As per the offer letter, an employee has to serve
a notice period of 3 months if s/he wants to resign or pay an equivalent of 3 months basic salary. I haven\'t taken any monetary benefits from the company
in any form till now.
Can I just send an email informing them about my resignation without serving notice period? Will I have to pay to them?
Can they take any legal action if I refuse to serve notice period or pay to them?
From India, Mumbai
I have joined an IT company in Pune on 8th Dec 2014. I have signed on some forms but yet to get the appointment letter. The work in the project is not matching what I was told during the interviews.
The work culture also does not look. Everything is being done in hap hazard ways. I don\'t want to continue here. As per the offer letter, an employee has to serve
a notice period of 3 months if s/he wants to resign or pay an equivalent of 3 months basic salary. I haven\'t taken any monetary benefits from the company
in any form till now.
Can I just send an email informing them about my resignation without serving notice period? Will I have to pay to them?
Can they take any legal action if I refuse to serve notice period or pay to them?
From India, Mumbai
HI Riddhima,
Till date they have just issued you an Offer of Employment Letter,which has been accepted by you before joining.
The Appointment Letter is yet to be issued to you.The terms and conditions of Appointment Letter will be binding on you only once you accept it by signing the letter.
Generally , the Notice Period clause is not mentioned in the Offer letter but Appointment Letter.
Further, the Notice Period to be served varies if an employee quits during Probation Period and After Confirmation.
But in your case since the Notice Period was mentioned in the Offer Letter which has been accepted by you and that you have joined , the notice period is binding on you. This is sufficient for them to prove their case.
If you resign they might ask you to serve notice or pay notice pay to them and which you will have to serve or pay them.
You have not specified which type of forms have you filled and submitted to them. I presume that they may be Employment ,PF & Gratuity Forms.
However before giving your resignation, I would suggest please refer the HR Policy Manual or any Policy document of the company which speaks of Notice Period(including Notice during probation and after confirmation). There should be some solution for you out of it. Also refer your Offer letter whether it speaks any thing about this.
If 3 months notice is from the date of joining,if it is then you have no option.I would like to tell you that first search for another job opportunity,once you get another offer you can resign by serving part notice (say 1-1.5 month) and balance by paying for the notice period not served.
Please let me know after refering your company policy.
Regards,
Sumeet
From India, Mumbai
45Till date they have just issued you an Offer of Employment Letter,which has been accepted by you before joining.
The Appointment Letter is yet to be issued to you.The terms and conditions of Appointment Letter will be binding on you only once you accept it by signing the letter.
Generally , the Notice Period clause is not mentioned in the Offer letter but Appointment Letter.
Further, the Notice Period to be served varies if an employee quits during Probation Period and After Confirmation.
But in your case since the Notice Period was mentioned in the Offer Letter which has been accepted by you and that you have joined , the notice period is binding on you. This is sufficient for them to prove their case.
If you resign they might ask you to serve notice or pay notice pay to them and which you will have to serve or pay them.
You have not specified which type of forms have you filled and submitted to them. I presume that they may be Employment ,PF & Gratuity Forms.
However before giving your resignation, I would suggest please refer the HR Policy Manual or any Policy document of the company which speaks of Notice Period(including Notice during probation and after confirmation). There should be some solution for you out of it. Also refer your Offer letter whether it speaks any thing about this.
If 3 months notice is from the date of joining,if it is then you have no option.I would like to tell you that first search for another job opportunity,once you get another offer you can resign by serving part notice (say 1-1.5 month) and balance by paying for the notice period not served.
Please let me know after refering your company policy.
Regards,
Sumeet
From India, Mumbai
Hi Sumeet,
Thanks for the detailed explanation. Yes, the forms were related to employment, gratuity, insurance, PF etc.
The notice period will start from the date of resignation as per the offer letter. The company does not have any probation period. They will give the appointment letter by next week.
Well, I already have a few offers which I can join in the next week.
My point is that I am not getting the work they had explained to me in the interview. I have also not received any monetary benefits from the company yet.
Can I resign on this premise and refuse to serve notice period/ pay for notice period?
From India, Mumbai
Thanks for the detailed explanation. Yes, the forms were related to employment, gratuity, insurance, PF etc.
The notice period will start from the date of resignation as per the offer letter. The company does not have any probation period. They will give the appointment letter by next week.
Well, I already have a few offers which I can join in the next week.
My point is that I am not getting the work they had explained to me in the interview. I have also not received any monetary benefits from the company yet.
Can I resign on this premise and refuse to serve notice period/ pay for notice period?
From India, Mumbai
Hi Riddhima,
There can be any reason for your resignation.Since there is no probation period and that the company has already mentioned about notice period/notice pay in the offer letter which you have already accepted,you will either have to serve notice or pay for notice.
If you dont abide either to these there is a possibility that the company will file a legal case,because they have already have taken an acknowledgement of the offer.
Your second query, even though they have not paid you any monetary benefits, they will ask you to pay out of your pocket.
I would advise you that you serve a one month notice and pay for balance notice period.
This will benefit you in two ways.Firstly, you will not have a huge financial burden to pay notice period.
Secondly, the company which you will be joining will also get a good signal that you are a responsible employee and will join them after a proper handover of your job responsibilities of your previous employment.
Regards,
Sumeet
From India, Mumbai
There can be any reason for your resignation.Since there is no probation period and that the company has already mentioned about notice period/notice pay in the offer letter which you have already accepted,you will either have to serve notice or pay for notice.
If you dont abide either to these there is a possibility that the company will file a legal case,because they have already have taken an acknowledgement of the offer.
Your second query, even though they have not paid you any monetary benefits, they will ask you to pay out of your pocket.
I would advise you that you serve a one month notice and pay for balance notice period.
This will benefit you in two ways.Firstly, you will not have a huge financial burden to pay notice period.
Secondly, the company which you will be joining will also get a good signal that you are a responsible employee and will join them after a proper handover of your job responsibilities of your previous employment.
Regards,
Sumeet
From India, Mumbai
Dear Riddhima ji,
While agreement with Sumeet ji cent percent on his posts above, I remember a quote by Adorable Shri. Ratan Tata which says: I take decison first and then make it right.
I feel, since you joined 4/5 days back only and you find the project offered to you during the interviews is not matching with and different one, my advise to you, you please resign immediately quoting the reason and mention that no notice pay is payable by you as mentioned in the offer letter, under the circumstances which are compelling you to resign. Please do not forget to mention in the resignation letter that even after 4/5 of joining, no appointment letter is issued to you.
Please do not make a mistake of sending the resignation by email only. Please send it by Regd A.D.
The company can not do any thing, only thing you have to do it right.
From India, Mumbai
While agreement with Sumeet ji cent percent on his posts above, I remember a quote by Adorable Shri. Ratan Tata which says: I take decison first and then make it right.
I feel, since you joined 4/5 days back only and you find the project offered to you during the interviews is not matching with and different one, my advise to you, you please resign immediately quoting the reason and mention that no notice pay is payable by you as mentioned in the offer letter, under the circumstances which are compelling you to resign. Please do not forget to mention in the resignation letter that even after 4/5 of joining, no appointment letter is issued to you.
Please do not make a mistake of sending the resignation by email only. Please send it by Regd A.D.
The company can not do any thing, only thing you have to do it right.
From India, Mumbai
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