Anonymous
My employer has given me only an offer letter, which I have signed and sent back. I have been working in the organization for 5 years. Now, I want to join another company. I do not have an employment contract or an appointment letter, except for this offer letter, which includes my salary details and the notice period information. Will there be any issues in providing me with a relieving letter? What are the things I should keep in mind before giving notice to my company? Will HR rules apply to me even if I have not entered into an employment contract?

Can anyone clear my doubts?

Thanks

From India, Chennai
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I have gone through all the points mentioned by you, and I am of the opinion that you have to give a clear-cut resignation letter to the management regarding your unavailability to further render services. It should be accepted by the management, and after receiving your full and final settlement, you should ask for a relieving letter from the present management where you are currently working. This document will be required by the new management with whom you are in the process of getting enrolled. As far as the question of HR rules is concerned, obviously, you will be treated as an employee as defined under section 2(s) of the ID Act.

Regards,
R. B. Yadav

From India, Gurugram
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After reading your query, I analyzed that you have only an offer letter, and the notice period is mentioned in it. So, don't worry. Apply for another job, and if you get an offer letter for a new job, then consider the notice period that was already mentioned in your offer letter. Your present company cannot do anything because they did not give you any appointment letter.

Secondly, you must keep your PF number, pay slip, and ID card, which should mention your employee code.

Best of luck,
Meenu

From India, New Delhi
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I believe the letter you have with you, mentioning your salary details and notice period, is none other than your appointment letter because an offer letter mentions only your proposed designation and date of joining. Other details like salary components and notice period are only mentioned in the appointment letter. Please see that you also must have other documents such as your confirmation letter, pay slips, and other employment-related communications.

Please give your notice period as per the clause mentioned in your letter. Then there will be no problems in your full and final settlement. Also, mention the duration and last working day in your resignation letter.

All the HR rules will definitely apply to you as you have received an offer/appointment letter from the employer.

All the best...

Thanks

From India, Ghaziabad
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Understanding Employment Terms Without an Appointment Letter

In the absence of any appointment letter containing detailed terms and conditions of your appointment, your duty is to leave the company as per the notice period mentioned in your offer letter. Once you have accepted that offer letter, it will be treated as a part of your contract of employment. However, your employer was duty-bound to issue subsequently a formal appointment letter. They have done an irregularity in this regard unless the offer letter itself was an appointment letter.

Regards

From India, Delhi
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