In my offer letter there was nothing mentioned about the notice period and neither I have received nor signed any appointment letter from my company .This company has deployed me in one of his client . I am working for this company for almost 2 months. Now I have resigned from the company and now they are saying to serve for 1 month notice period . Is it legal from the company side to say to serve one month notice period where I have not signed any contract as such?
From United States
From United States
Hai, as per my knowledge , if there is no contract between both the parties , don’t required to serve notice period
From India
2From India
Dear Samaya,
I find no reason for you to serve the company. Legally they have not offered you a intent letter or offer letter stating the details. Need not worry you can join the firm as you like. Have you received the payment?
From India, Madras
I find no reason for you to serve the company. Legally they have not offered you a intent letter or offer letter stating the details. Need not worry you can join the firm as you like. Have you received the payment?
From India, Madras
Thanks Sekhars111 and Srinuvas10 for the reply. Now they are saying this is the company policy and I have to abide by this else they will report me as absconding and will not issue a releasing letter. Is there something that I can do ?
From United States
From United States
Since offer letter is not given release letter will not be issued. need not worry take payment and forget. join the new firm and start a new career.
From India, Madras
From India, Madras
Dear Sekhars111, Offer Letter is issued but there was no mention about the notice period . In the offer letter ,It was mentioned that I will be under probation of six months.
From United States
From United States
Hi Samaya
I would like to highlight that probation period means that the employer can terminate the employee at any time without any prior notice period. And thus the same applies to the employee. If you feel like leaving the company during your probation period, you are not liable to serve any notice period for it.
I feel your company is simply exaggerating the issue probably because you have some unfinished business there. I will recommend that you speak to the concerned HR/supervisor for what they exactly want from you, because legally you are not bound to them. They might be thinking of recruiting a new person and getting him/her trained by you so that no burden of training comes on their heads. So try out a polite talk on this issue.
And lastly, since you have not received any appointment letter, the company won't be issuing you any relieving letter either. Next time keep in mind the importance of getting an appointment letter and simply move on form here. All the luck!
Anshu
From India, Delhi
I would like to highlight that probation period means that the employer can terminate the employee at any time without any prior notice period. And thus the same applies to the employee. If you feel like leaving the company during your probation period, you are not liable to serve any notice period for it.
I feel your company is simply exaggerating the issue probably because you have some unfinished business there. I will recommend that you speak to the concerned HR/supervisor for what they exactly want from you, because legally you are not bound to them. They might be thinking of recruiting a new person and getting him/her trained by you so that no burden of training comes on their heads. So try out a polite talk on this issue.
And lastly, since you have not received any appointment letter, the company won't be issuing you any relieving letter either. Next time keep in mind the importance of getting an appointment letter and simply move on form here. All the luck!
Anshu
From India, Delhi
- Employed had issued only offer letter. Have you accepted the offer letter ie., have you communicated in written about the acceptance?
- If the company has policy which speaks about the resignation/termination, then the said rules has to be adopted.
- have your resignation been accepted or returned for some reason? if not returned then its deemed acceptance.
- provided that you have requested for immediate relief from service or on the date specified.
From India, Tiruchchirappalli
- If the company has policy which speaks about the resignation/termination, then the said rules has to be adopted.
- have your resignation been accepted or returned for some reason? if not returned then its deemed acceptance.
- provided that you have requested for immediate relief from service or on the date specified.
From India, Tiruchchirappalli
Thanks Anshu and Kumaresank,
As my new employer is ready to buy the notice period ,I am going with buying the notice period .
That is the safest option for me at this moment.
Thanks guys for the help.
From United States
As my new employer is ready to buy the notice period ,I am going with buying the notice period .
That is the safest option for me at this moment.
Thanks guys for the help.
From United States
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