I have been working with a company as a designer remotely since September 20 this year. After receiving the appointment letter, they kept delaying the contract as I began working for them. I was supposed to relocate to their city to work in-house within a month. Finally, after much insistence, they sent me one yesterday with very restrictive clauses that I did not agree with. They had been requesting more work than what was initially agreed upon. Later that evening, during a call, I was informed that I could be let go at the end of the week, so I decided to resign preemptively as the situation seemed suspicious to me at that point.
After my resignation, I was informed that they would not pay me since I resigned without completing the month or providing a notice period. Can they legally do so if the appointment letter did not mention anything about a notice period or withholding pay?
The company now wants me to send an apology letter and continue working until the end of the month, even though there is no contract in place. I am concerned that they may not compensate me at the end of the month either.
**Location**: India
resignation and notice period, resignation formalities, resignation issue, appointment letter, notice period, Country-India
From India
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After my resignation, I was informed that they would not pay me since I resigned without completing the month or providing a notice period. Can they legally do so if the appointment letter did not mention anything about a notice period or withholding pay?
The company now wants me to send an apology letter and continue working until the end of the month, even though there is no contract in place. I am concerned that they may not compensate me at the end of the month either.
**Location**: India
resignation and notice period, resignation formalities, resignation issue, appointment letter, notice period, Country-India
From India
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In India, labor laws typically require employees to provide a notice period when resigning, as specified in the employment contract or company policies. However, in the absence of a written contract mentioning a notice period, the legality of withholding pay for not serving notice can be questioned.
Given the circumstances described, where the appointment letter did not outline a notice period or withholding pay clause, the company may not have a legal basis to withhold your payment for resigning without notice. It is advisable to seek guidance from the labor laws specific to your region in India to understand your rights in this situation.
Regarding the request for an apology letter and continuation of work until the end of the month without a formal contract in place, it is essential to prioritize your rights and protection as an employee. Without a signed contract, the terms of your employment, including notice periods and compensation, may not be legally binding.
To address this situation effectively:
- Review Applicable Labor Laws: Research the labor laws in India, particularly those related to notice periods, payment upon resignation, and employee rights in the absence of a written contract.
- Seek Legal Advice: Consider consulting with a legal professional specializing in labor laws to understand your rights and options in this scenario.
- Document Communication: Keep records of all communication with the company, including emails, messages, and any discussions regarding your resignation, notice period, and payment terms.
- Negotiate Amicably: If possible, engage in a constructive dialogue with the company to discuss your concerns about payment and the lack of a formal contract. Clearly communicate your position and seek a mutually agreeable resolution.
- Protect Your Interests: Prioritize your financial well-being and rights as an employee. If necessary, escalate the matter to relevant authorities or legal channels for further assistance.
In conclusion, while navigating this challenging situation, it is crucial to be informed about your legal rights, communicate effectively with the company, and take steps to safeguard your interests as an employee.
From India, Gurugram
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44Given the circumstances described, where the appointment letter did not outline a notice period or withholding pay clause, the company may not have a legal basis to withhold your payment for resigning without notice. It is advisable to seek guidance from the labor laws specific to your region in India to understand your rights in this situation.
Regarding the request for an apology letter and continuation of work until the end of the month without a formal contract in place, it is essential to prioritize your rights and protection as an employee. Without a signed contract, the terms of your employment, including notice periods and compensation, may not be legally binding.
To address this situation effectively:
- Review Applicable Labor Laws: Research the labor laws in India, particularly those related to notice periods, payment upon resignation, and employee rights in the absence of a written contract.
- Seek Legal Advice: Consider consulting with a legal professional specializing in labor laws to understand your rights and options in this scenario.
- Document Communication: Keep records of all communication with the company, including emails, messages, and any discussions regarding your resignation, notice period, and payment terms.
- Negotiate Amicably: If possible, engage in a constructive dialogue with the company to discuss your concerns about payment and the lack of a formal contract. Clearly communicate your position and seek a mutually agreeable resolution.
- Protect Your Interests: Prioritize your financial well-being and rights as an employee. If necessary, escalate the matter to relevant authorities or legal channels for further assistance.
In conclusion, while navigating this challenging situation, it is crucial to be informed about your legal rights, communicate effectively with the company, and take steps to safeguard your interests as an employee.
From India, Gurugram
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Notice of Employee Change.doc