I recently received an offer from a small startup via mail. In that mail, the joining date, notice period, and CTC were mentioned. It was also stated that the formal offer/joining letter would be provided after joining the organization. I joined the organization 2-3 days ago and have already started working.
When I requested the HR for the formal offer/joining letter, she mentioned that I would receive it by the end of this month. Typically, companies issue the formal joining letter before or on the joining day. When I inquired about the reason for the delay, she vaguely explained that the team is working remotely, which is causing the delay.
However, I have received another offer from a better company. They are willing to wait for my notice period at my current company but require a formal joining letter from my current company stating the notice period. They stated that without this letter, they cannot wait. As my current company is delaying the formal offer letter, I am unsure how to navigate this situation. The new company insists on a formal joining letter and does not accept a mail copy.
How should I handle this situation given the circumstances?
From India, Boisar
Acknowledge(0)
Amend(0)
1When I requested the HR for the formal offer/joining letter, she mentioned that I would receive it by the end of this month. Typically, companies issue the formal joining letter before or on the joining day. When I inquired about the reason for the delay, she vaguely explained that the team is working remotely, which is causing the delay.
However, I have received another offer from a better company. They are willing to wait for my notice period at my current company but require a formal joining letter from my current company stating the notice period. They stated that without this letter, they cannot wait. As my current company is delaying the formal offer letter, I am unsure how to navigate this situation. The new company insists on a formal joining letter and does not accept a mail copy.
How should I handle this situation given the circumstances?
From India, Boisar
Acknowledge(0)Amend(0)
Dear Member,
Even if you have not received the formal offer from the current employer, those emails about the joining offer, etc., should be sufficient. If the next company you wish to shift to has committed to you the position and allows you to join after a month's time, you can tender your resignation to the present company. You can BCC the resignation/notice period email to the next company's management. This action shall assure them that you are currently employed and that you wish to join them by a particular date.
From India, Lucknow
Acknowledge(0)Amend(0)
Even if you have not received the formal offer from the current employer, those emails about the joining offer, etc., should be sufficient. If the next company you wish to shift to has committed to you the position and allows you to join after a month's time, you can tender your resignation to the present company. You can BCC the resignation/notice period email to the next company's management. This action shall assure them that you are currently employed and that you wish to join them by a particular date.
From India, Lucknow
Acknowledge(0)Amend(0)
Dear Ramit Goyal,
Under the provisions of the Indian Contract Act, 1872, an appointment letter is a contract between an employer and an employee. In your case, you were issued with the offer letter but not the appointment letter. Therefore, the employer-employee relationship has not been established. Since the appointment letter is not issued to you, the employment terms and conditions are not enforceable. Therefore, as advised by the previous member, you can go ahead and tender the letter of resignation with BCC of this email to the future employer. In fact, do not delay your exit as further delay will increase your involvement in the current start-up, which could delay your joining the future company.
Perhaps your current start-up could be testing the water. You could be under close watch, and they could be testing your stability. By not issuing the letter of appointment, they have left the door ajar. Perhaps, they could also be a little apprehensive about your continuation with them.
Your future company is asking for the completion of the notice period. However, they can be told that since the appointment letter has not been issued, the conditions of separation which are part of the terms and conditions of the employment are not applicable.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Under the provisions of the Indian Contract Act, 1872, an appointment letter is a contract between an employer and an employee. In your case, you were issued with the offer letter but not the appointment letter. Therefore, the employer-employee relationship has not been established. Since the appointment letter is not issued to you, the employment terms and conditions are not enforceable. Therefore, as advised by the previous member, you can go ahead and tender the letter of resignation with BCC of this email to the future employer. In fact, do not delay your exit as further delay will increase your involvement in the current start-up, which could delay your joining the future company.
Perhaps your current start-up could be testing the water. You could be under close watch, and they could be testing your stability. By not issuing the letter of appointment, they have left the door ajar. Perhaps, they could also be a little apprehensive about your continuation with them.
Your future company is asking for the completion of the notice period. However, they can be told that since the appointment letter has not been issued, the conditions of separation which are part of the terms and conditions of the employment are not applicable.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.