I had joined a company in June this year. I was under probation for 6 months. At the time of joining, I was given only a general offer letter wherein nothing was mentioned about serving a notice period. I didn't receive any appointment letter until now, and I chose to resign (through email) without giving any notice period. Although the HR has accepted it, they are asking me to pay back my last earned salary. Am I bound to listen to them? Can I get a relieving letter without paying the notice pay? Can they take any legal action against me?
From India, Mumbai
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From India, Mumbai
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They cannot do anything as they do not have any proof of yours mentioning acceptance of giving notice period while on probation period. Legally also, they cannot do anything; they do not have any proof to show. You can ask them to give the relieving certificates. If they decline, tell them any proof which they have.
From India, Delhi
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14From India, Delhi
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Candidate was working in the education industry as a management trainee and was provided only the offer letter. However, the individual left the organization within 3 months without serving the notice period. The organization has completed the full and final settlement by deducting the notice period amount.
Is it permissible for an organization to deduct the notice period without providing an appointment letter? Please advise as this matter is urgent.
Regards, Swati
From India, Mumbai
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Is it permissible for an organization to deduct the notice period without providing an appointment letter? Please advise as this matter is urgent.
Regards, Swati
From India, Mumbai
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Hi,
Without an appointment letter, an employer or management cannot insist on enforcing the notice period. An appointment letter is a legal document. An offer letter can be accepted, and there are chances of not joining as well. An offer letter is an authenticated document to join an organization. Therefore, it clearly states that deductions against the notice period are not necessary.
Thanks & Regards,
Meena
From India, Hyderabad
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Without an appointment letter, an employer or management cannot insist on enforcing the notice period. An appointment letter is a legal document. An offer letter can be accepted, and there are chances of not joining as well. An offer letter is an authenticated document to join an organization. Therefore, it clearly states that deductions against the notice period are not necessary.
Thanks & Regards,
Meena
From India, Hyderabad
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Appointment Letter to an Employee for fixed period.doc