Dear Neha,
If you hav not signed the appoinment letter then there shall be no legal action taken against you.
because for entering into a contract you should have to accept the terms of appointment which u havent signed then there shall be no legal binding on you.
You can do one thing that take a long leave due to some personal reasons and after a week intimate your previous company that your problem can be prolong for a longer duration and you are not in the position to re join.
So that kindly relieve me from my duties.
You need not to return the salary credited into your account as its a monetary rewards against your work which you have done thier for 7 days.
From India, New Delhi
67If you hav not signed the appoinment letter then there shall be no legal action taken against you.
because for entering into a contract you should have to accept the terms of appointment which u havent signed then there shall be no legal binding on you.
You can do one thing that take a long leave due to some personal reasons and after a week intimate your previous company that your problem can be prolong for a longer duration and you are not in the position to re join.
So that kindly relieve me from my duties.
You need not to return the salary credited into your account as its a monetary rewards against your work which you have done thier for 7 days.
From India, New Delhi
Dear Neha,
I agree with Kapil, Offer Letter itself means that Company is providing an opportunity to you, its your wish whether you want it accept it or deny it.
By just accepting Offer doesnt mean you are entering into any contract with the company until and unless you sign the Appointment Letter. So there is no need to worry just talk to your HR calmly and tell them the truth about another offer. This will help you in maintaining good relationships.
From India, Delhi
I agree with Kapil, Offer Letter itself means that Company is providing an opportunity to you, its your wish whether you want it accept it or deny it.
By just accepting Offer doesnt mean you are entering into any contract with the company until and unless you sign the Appointment Letter. So there is no need to worry just talk to your HR calmly and tell them the truth about another offer. This will help you in maintaining good relationships.
From India, Delhi
Hi,
If you have not joined, no need to serve the notice period. Just send one Regret Letter that you can not join.
If joined, yes, you have to serve the notice period, subjet to the mutual discussion with your HR. If notice period assures your salary, then serve. Else, put a Resignation letter and walk off.
From India, Gurgaon
If you have not joined, no need to serve the notice period. Just send one Regret Letter that you can not join.
If joined, yes, you have to serve the notice period, subjet to the mutual discussion with your HR. If notice period assures your salary, then serve. Else, put a Resignation letter and walk off.
From India, Gurgaon
Hi,
For your future prospects and options whenever you are goinig for another company you will require an experience letter without which your last experience will not be counted. I would suggest you to please speek to your reporting managers and ask for your experience letter which is very much required when you are looking for other opportunities.
Regards,
Megha
From India, Lucknow
For your future prospects and options whenever you are goinig for another company you will require an experience letter without which your last experience will not be counted. I would suggest you to please speek to your reporting managers and ask for your experience letter which is very much required when you are looking for other opportunities.
Regards,
Megha
From India, Lucknow
hi Neha,
You have just been given an offer letter and until you sign the appointment order i dont think you need to abide the rules of that particular organisation if you have'nt joined the office yet. But if you have already reported to the duty and have'nt signed the appointment order, then you need to explain the situation and move on as per the norms.
Regards,
Vijaya
From India, Hyderabad
You have just been given an offer letter and until you sign the appointment order i dont think you need to abide the rules of that particular organisation if you have'nt joined the office yet. But if you have already reported to the duty and have'nt signed the appointment order, then you need to explain the situation and move on as per the norms.
Regards,
Vijaya
From India, Hyderabad
If have not given the joining then you should professional enough to write to them informing the reason for not joining. My advice to you would be that; it's a small world and in future you may come across a situation where you may be seeking employment with that organization or having some kind of business interaction with them - what would be your situation then!
It appears you are in the start of your career years, therefore, such decisions are seen normal by the employers and they don't take it very serious and if a polite regret letter is mailed stating genuine reasons, it might be taken positively. However, if you are in the advance stage of your career, then you might wish to re-think of declining the already accepted job offer.
From Pakistan
It appears you are in the start of your career years, therefore, such decisions are seen normal by the employers and they don't take it very serious and if a polite regret letter is mailed stating genuine reasons, it might be taken positively. However, if you are in the advance stage of your career, then you might wish to re-think of declining the already accepted job offer.
From Pakistan
Dear Neha,
An Offer letter is ONLY a Letter of Intent. The Offer Letter does not generally have any "Notice Period" clause built into it.
The Offer letter only states that you are required to join "on or before" a particular date.
Well someone just asked you a very relevant question...Have You Joined????
You are at absolute liberty if you choose to join another Co. Only basic professional courtesy demands that you inform the Co. that made you the first Offer, that you would not be joining them.
An Apointment Letter is issued ONLY AFTER the person joins a Co.
I trust this answers your query.
Cheers!!!!
Vasant Nair
From India, Mumbai
An Offer letter is ONLY a Letter of Intent. The Offer Letter does not generally have any "Notice Period" clause built into it.
The Offer letter only states that you are required to join "on or before" a particular date.
Well someone just asked you a very relevant question...Have You Joined????
You are at absolute liberty if you choose to join another Co. Only basic professional courtesy demands that you inform the Co. that made you the first Offer, that you would not be joining them.
An Apointment Letter is issued ONLY AFTER the person joins a Co.
I trust this answers your query.
Cheers!!!!
Vasant Nair
From India, Mumbai
Hi All,
Evey body is talking about the contractual obligations as regard to offer letter and appointment letter. I am writing full-fledged legal opinion on what contract means. Please do read it carefully and then proceed with appropriate course of action.
All contracts are governed by The Indian Contract Act 1872.
Agreement/Contract can be oral and/or written. Interpretation clause under the act read as under:
(a) When one person signifies to another his
willingness to do or to abstain from doing anything,
with a view to obtaining the assent of that other to
such act or abstinence, he is said to make a proposal:
Offer letter is proposal
(b) When the person to whom the proposal is made
signifies his assent thereto, the proposal is said to be
accepted. A proposal, when accepted, becomes a promise:
You have conveyed your acceptance to offer letter - It became promise
(c) The person making the proposal is called the "
promisor and the person accepting the proposal is called
the It promisee ":
(d) When, at the desire of the promisor, the promisee
or any other person has clone or abstained from doing,
or does or abstains from doing, or promises to do or to
abstain from doing, something, such Act or abstinence or
promise is called a consideration for the promise :
You have attended the work- is fulfillment of promise on your part.
(e), Every promise and every set of promises, forming
the consideration for each other, is an agreement:
Here, you have completed requirement of contract.
(f) Promises, which form the consideration or part, of
the. consideration for each other are called reciprocal
promises:
Further, you have received salary, thus reciprocal promises are fulfilled.
Now section 10 of act talks about, What agreements are contracts.-All agreements are contracts if they are made by the free consent of parties competent to contract, for a
lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
In view of above definition- I am of view that your contract is valid contract.
The moment you joined and attended work (induction), you yourself impliedly agreed to abide by the rules and regulations of the Company.
Thus, technically you are supposed to give notice period, which may be shorter for employees on Probation and may be 30days for confirmed employees.
Please mark a polite mail to HR and inform about your unwillingness to continue for whatever reasons and ask, whether you need to put notice period, if so what is that for probation period, you may also insist on copy of HR policy so that you can follow the require process etc..(thus you will be safe, if your HR lies). Keep copy of such communication.
I am sure no HR will ask notice period for employees leaving just after 7 days of joining as there may not be much handing over etc..
This way, you will be relieved in a professional manner and not like a Absconder.
Hope, now things are clear about contractual obligations.
Regards,
Balkrishna
From India, Mumbai
Evey body is talking about the contractual obligations as regard to offer letter and appointment letter. I am writing full-fledged legal opinion on what contract means. Please do read it carefully and then proceed with appropriate course of action.
All contracts are governed by The Indian Contract Act 1872.
Agreement/Contract can be oral and/or written. Interpretation clause under the act read as under:
(a) When one person signifies to another his
willingness to do or to abstain from doing anything,
with a view to obtaining the assent of that other to
such act or abstinence, he is said to make a proposal:
Offer letter is proposal
(b) When the person to whom the proposal is made
signifies his assent thereto, the proposal is said to be
accepted. A proposal, when accepted, becomes a promise:
You have conveyed your acceptance to offer letter - It became promise
(c) The person making the proposal is called the "
promisor and the person accepting the proposal is called
the It promisee ":
(d) When, at the desire of the promisor, the promisee
or any other person has clone or abstained from doing,
or does or abstains from doing, or promises to do or to
abstain from doing, something, such Act or abstinence or
promise is called a consideration for the promise :
You have attended the work- is fulfillment of promise on your part.
(e), Every promise and every set of promises, forming
the consideration for each other, is an agreement:
Here, you have completed requirement of contract.
(f) Promises, which form the consideration or part, of
the. consideration for each other are called reciprocal
promises:
Further, you have received salary, thus reciprocal promises are fulfilled.
Now section 10 of act talks about, What agreements are contracts.-All agreements are contracts if they are made by the free consent of parties competent to contract, for a
lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
In view of above definition- I am of view that your contract is valid contract.
The moment you joined and attended work (induction), you yourself impliedly agreed to abide by the rules and regulations of the Company.
Thus, technically you are supposed to give notice period, which may be shorter for employees on Probation and may be 30days for confirmed employees.
Please mark a polite mail to HR and inform about your unwillingness to continue for whatever reasons and ask, whether you need to put notice period, if so what is that for probation period, you may also insist on copy of HR policy so that you can follow the require process etc..(thus you will be safe, if your HR lies). Keep copy of such communication.
I am sure no HR will ask notice period for employees leaving just after 7 days of joining as there may not be much handing over etc..
This way, you will be relieved in a professional manner and not like a Absconder.
Hope, now things are clear about contractual obligations.
Regards,
Balkrishna
From India, Mumbai
hi pranati,
missed your message in between.
one of the lessons I learnt is more than the joining the parting (quitting) has to be good. this is because at the exit interviews in most companies, there's a question asked - will you re-join us and will you refer any of your friends to this company.
apart from my first job, I have parted genially with my employers. unfortunately, both the employers and employees make the parting acrimonious. the real good employer is one who wishes will for his employee as and when he moves on. not happening and we have issues like yours coming up.
I had pointed in one of our discussions that in this generation of emailing, always while sending your resignation from your official id, mark a copy to your personal id (cc or bcc), preferably cc as you make your employers aware that you expect a reply. when you move on to a new company, you can show the employers the mail copy and inform them that you will submit the relieving and experience letter as and when you receive them. just as it is mandatory for us to submit the resignation letter, it is obligatory on the part of the employer to send us the relieving letter and experience letter and close our file.
hopefully if you have a copy of your pay slips, you can show it to your employers that you have been working in the company for this duration
From India, Madras
missed your message in between.
one of the lessons I learnt is more than the joining the parting (quitting) has to be good. this is because at the exit interviews in most companies, there's a question asked - will you re-join us and will you refer any of your friends to this company.
apart from my first job, I have parted genially with my employers. unfortunately, both the employers and employees make the parting acrimonious. the real good employer is one who wishes will for his employee as and when he moves on. not happening and we have issues like yours coming up.
I had pointed in one of our discussions that in this generation of emailing, always while sending your resignation from your official id, mark a copy to your personal id (cc or bcc), preferably cc as you make your employers aware that you expect a reply. when you move on to a new company, you can show the employers the mail copy and inform them that you will submit the relieving and experience letter as and when you receive them. just as it is mandatory for us to submit the resignation letter, it is obligatory on the part of the employer to send us the relieving letter and experience letter and close our file.
hopefully if you have a copy of your pay slips, you can show it to your employers that you have been working in the company for this duration
From India, Madras
Dear all
I am herewith Attaching my resume for suitable opening in the line of Administration. I am working in a MNC company for the last 13 years to till date. I would like to change / enhance my career in line with my technical skills and profession. If my profile suits with any good opening for the same line, may please be intimated to my mobile which is given below for your reference.
Thanks & Regards,
K.V. Radhakrishnan
98408 82227
From India, Coimbatore
I am herewith Attaching my resume for suitable opening in the line of Administration. I am working in a MNC company for the last 13 years to till date. I would like to change / enhance my career in line with my technical skills and profession. If my profile suits with any good opening for the same line, may please be intimated to my mobile which is given below for your reference.
Thanks & Regards,
K.V. Radhakrishnan
98408 82227
From India, Coimbatore
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Offer letter.pdf
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