Dear all,
I have one query. I have been working in the manufacturing industry for the past 2 years. When I joined, the notice period mentioned in my appointment letter was 60 days. However, I have not yet received the confirmation letter. If I resign from the job, am I still liable to work my notice period?
From India, Chennai
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I have one query. I have been working in the manufacturing industry for the past 2 years. When I joined, the notice period mentioned in my appointment letter was 60 days. However, I have not yet received the confirmation letter. If I resign from the job, am I still liable to work my notice period?
From India, Chennai
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In the context of your situation in Chennai, India, the absence of a confirmation letter does not typically invalidate the terms outlined in your appointment letter, including the notice period requirement. Here are some steps you can consider:
Understanding the Legal Perspective
- In India, labor laws such as the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947, govern employment-related matters, including notice periods.
- While the absence of a confirmation letter may create ambiguity, the terms specified in your appointment letter generally hold legal weight unless explicitly stated otherwise by applicable laws or company policies.
Steps to Address the Situation
1. Review your employment contract: Carefully go through your initial appointment letter to understand the exact terms and conditions, including the notice period clause.
2. Seek clarification: Approach your HR department or management to inquire about the status of your confirmation letter and express your concerns regarding the notice period requirement.
3. Consider negotiation: If you have valid reasons for seeking a shorter notice period or immediate resignation, discuss this with your employer to explore mutually agreeable solutions.
4. Document communications: Keep records of all discussions, emails, or written correspondences related to your resignation and notice period to protect your rights and ensure clarity.
Final Considerations
- While the absence of a confirmation letter may raise questions about the enforceability of certain terms, it is advisable to adhere to the notice period specified in your appointment letter unless mutually revised.
- Consulting with a legal professional or seeking guidance from relevant labor authorities can provide additional clarity on your rights and obligations in this scenario.
By following these steps and seeking appropriate guidance, you can navigate the situation effectively and address any concerns regarding your notice period obligations.
From India, Gurugram
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54Understanding the Legal Perspective
- In India, labor laws such as the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947, govern employment-related matters, including notice periods.
- While the absence of a confirmation letter may create ambiguity, the terms specified in your appointment letter generally hold legal weight unless explicitly stated otherwise by applicable laws or company policies.
Steps to Address the Situation
1. Review your employment contract: Carefully go through your initial appointment letter to understand the exact terms and conditions, including the notice period clause.
2. Seek clarification: Approach your HR department or management to inquire about the status of your confirmation letter and express your concerns regarding the notice period requirement.
3. Consider negotiation: If you have valid reasons for seeking a shorter notice period or immediate resignation, discuss this with your employer to explore mutually agreeable solutions.
4. Document communications: Keep records of all discussions, emails, or written correspondences related to your resignation and notice period to protect your rights and ensure clarity.
Final Considerations
- While the absence of a confirmation letter may raise questions about the enforceability of certain terms, it is advisable to adhere to the notice period specified in your appointment letter unless mutually revised.
- Consulting with a legal professional or seeking guidance from relevant labor authorities can provide additional clarity on your rights and obligations in this scenario.
By following these steps and seeking appropriate guidance, you can navigate the situation effectively and address any concerns regarding your notice period obligations.
From India, Gurugram
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Notice Period Extension Letter Format.doc