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sohampatel
Hello I am Soham,
I am working in an IT company and now I want to leave the company because I am getting new job.
The thing is that my employer have not given me any offer letter even after working there for 18 days. There is not even any agreement that I have signed.
And even when my interview was taken employer said that the probation period is of 3 months and in the probation period You(Me) can leave the company without notice period and Him(employer) can fire me without notice period.
After the probation period Employee have to give notice period of 2 months and employer have to give 1 month notice period.
Now when I asked my employer that I wanted to leave the job he is telling that I will have to work there or he will abscond me. Even I am not leaving the company without informing him.
The important thing is that the employer did not provided me the offer letter even after I asked so many times so feel un secure for my job and I applied else where and I got selected there.
Now I wants to know that can the employer do anything in this situation.
And this thing I am mentioning again that I have not signed anything and there is no any agreement. They have not yet provided me an offer letter. I have only submitted my photo copy of documents. But there is not a single thing that I have signed. Please please please help me what can be done now.

From India, Pune
nashbramhall
1624

Do not worry; just quit and go and forget about any money owed to you by the company. This is all I can say as you have not given any details about the size of the company and the nature of your work.
I am sure other experts will agree with me that your employer can't do anything to you.

From United Kingdom
sohampatel
Thanks very very much Sir for your reply.
The company is too small its a IT company who develope websites, there are only seven employees including the main boss.
I was working there as a web developer.
I am worried because I have given my documents photo copy.
And I also wanted to know that it is fine if i join new company????
And should I give them any resignation letter? Or it is fine??

From India, Pune
lavika yadav
102

Dont worry..its just 18 days old.Until unless you have given them original docs till than u dont need to worry..No new employer will ask for 15 days tenure exp.
Dont worry at all and move ahead.
best of luck !!1

From India, Mohali
nashbramhall
1624

Just give your resignation letter and quit. Please see Dynamics of Human Resource Management: Employee Separation – Resignation, Termination and Absconding about absconding.
From United Kingdom
sohampatel
Thank you very very much Sir i was in the huge pressure. I also would like to know what is absconding?? can it be a problem in future if want to join mnc company?? This is what he was saying.
From India, Pune
tajsateesh
1637

Hello Sohampatel,
Pl confirm IF you got any Salary [which is possible IN CASE you joined around 20th of last month].
In case you have NOT got any salary, DON'T write any Resignation Letter.
You haven't got any Offer letter or Appointment Letter AND no salary too--meaning the Company DOES NOT have any record of you working there [giving photocopies of certificates doesn't prove anything].
Now IF you resign formally, YOU are creating a written record of your working there.
Hope you get the point.
And DON'T show this experience anywhere in your resume.
All the Best.
Rgds,
TS

From India, Hyderabad
loginmiraclelogistics
1075

Mr.Soham Patel,
In the circumstances explained, you have no obligation, however to be safer side, I would like to know whether you marked present/attendance there, any ID issued to you or any proof of you having worked there. Possibly, If so, I suggest it's better to explain/quote all these infirmities in a letter and say finally "since you as an employer has not provided any authentic documents to the effect that I have been appointed to be an employee of your firm despite my repeated requests I have not gained any confidence of your sincerity of adhering to any legal procedures and therefore I have no alternatives but to hereby tender my resignation and quit with immediate effect and I am relieved of all responsibilities whatsoever and hold no obligations in your firm. This is without any prejudice to me seeking any legal course of action in the matter."

From India, Bangalore
info.marktech@gmail.com
1

As you have not mentioned that you have got your money from the company in signature, if not you can easily leave the job without any notice and not to tell the company, as you have no offer letter or any documents which prove that you have worked in that company.So don;t afraid and as per law you are safe.
From India, Calcutta
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