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preeti-cholkar
Hello! I joined an institute on the 23rd of May as a visiting faculty. I was given a base offer letter by email which had no clauses about the notice period. After a few months, I was given an official offer letter which I didn't sign as some clauses weren't acceptable to me.
A few days back I got a good offer from a good company and they needed me on an immediate basis. Since I had not signed any offer letter I accepted the new offer. Now HR says that he will withhold my salary if I resign without giving a notice period. Also, he says I am still on probation as he doesn't consider my start date as 23rd May and says that no one considers a mid-date. Please guide me on how I go about this.

From India, Thane
vmlakshminarayanan
919

Hi,

Strictly speaking in the absence of any employment contract with proper separation clause duly signed both parties ( you and your Employer) there is no need for notice period. Also it is not clear from your question whether you were retained by them on full time basis or assignment call basis ( visiting faculty ) ? In case if it is a temporary assignment then clauses related to regular employment won't be applicable. Also if is May,23 it is very short period 6 months there is no need for your employer to be very stringent on notice period.

But why you want to wash your hands just like that. Being a visiting faculty why not you can provide some notice period to your employer and get relieved properly. If you leave without notice Employer will hold the salary and relieving letter. Legal process might take time. So better compromise with your employer , look for amicable solution and get relieved properly.

From India, Madras
preeti-cholkar
Thank you so much mam ! I am a visiting faculty. And the new company is in urgent neeed so that is why I have to resign. I have given a 2 day notice. Is there any document which proves me right?
From India, Thane
vmlakshminarayanan
919

Hi,

Why not you can request your new employer for some time to join. You need to balance some how.

2 days notice obviously very short notice. Current employer will expect some breathing time to balance your absence isn't it ?

If you leave abruptly they will hold your salary and experience certificate. Proving legally that you are right is later part. So call is yours.

From India, Madras
raghunath_bv
149

Hi Preeti,
It's important to address this situation carefully and professionally. Here are some steps you can consider:

Review Your Documents:
Go through all the communication, including emails and offer letters, to understand the terms and conditions mentioned, especially regarding notice periods and start dates.
Communicate Clearly:

Schedule a meeting with the HR representative to discuss the situation. Clearly express your understanding of the terms mentioned in the initial communication and the lack of mention of a notice period.
Explain your reasons for accepting the new offer and the immediate requirement. Emphasize that you did not sign the official offer letter due to certain clauses.

Negotiate:
If there is room for negotiation, discuss the possibility of a shorter notice period or any other mutually agreeable terms.
Mention that you are willing to fulfill any reasonable obligations but need to consider the new opportunity as well.

Seek Legal Advice:
Consult with a legal professional to understand your rights and obligations. They can provide advice based on the specific employment laws in your region.

Document Everything:
Keep records of all communications with the HR representative. This includes emails, meeting notes, and any other relevant documents. This documentation may be crucial in case of a dispute.

Resignation Letter:
Submit a formal resignation letter clearly stating your last working day. Be professional in your communication, expressing gratitude for the opportunity and explaining the reasons for your departure.

Follow Company Policy:
If there is an official company policy regarding notice periods, try to adhere to it as much as possible. This can help maintain a positive professional relationship.
Prepare for Withholding Salary:

While you work through the situation, be prepared for the possibility that your salary might be withheld. Consult with legal professionals to understand the implications and possible courses of action.
it's crucial to handle the situation professionally and to be aware of your rights and obligations. Seeking legal advice specific to your jurisdiction will provide you with the most accurate information for your situation.

Thanks,

From India, Bangalore
preeti-cholkar
Thank u Dr. Raghunath. I haven't signed a single document since I joined. I was given an offer letter 4 months after joining which I didn't sign as some clauses werent acceptable to me as I am a visiting faculty. So the letter remained unsigned with the HR.
I did send a positive formal resignation with a 2 day notice period as that's the only time I have.
There is a

From India, Thane
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