I recently received an offer from a small startup over mail. In that mail, joining date, notice period and CTC was mentioned. Also in the mail it was mentioned that formal offer / joining letter will be given after you join the organization. I joined the organization 2-3 days back and started working too.
Now when I asked the HR for giving me the formal offer / joining letter, she said that you will get it by the end of this month. Usually companies give formal joining letter before / on the day of joining. When I asked the reason for this delay, she gave a vague reason saying we all are working from home, that's why there is delay.
But I also got another offer from a better company. They are ready to wait for my notice period in my recently joined company, but are saying for this you will need to send then formal joining letter of the current company which states the notice period. Otherwise they won't be able to wait. Since the current company is delaying the formal offer letter, how do I handle this situation? The new company is not accepting the mail copy and are insisting on formal joining letter.
From India, Boisar
1Now when I asked the HR for giving me the formal offer / joining letter, she said that you will get it by the end of this month. Usually companies give formal joining letter before / on the day of joining. When I asked the reason for this delay, she gave a vague reason saying we all are working from home, that's why there is delay.
But I also got another offer from a better company. They are ready to wait for my notice period in my recently joined company, but are saying for this you will need to send then formal joining letter of the current company which states the notice period. Otherwise they won't be able to wait. Since the current company is delaying the formal offer letter, how do I handle this situation? The new company is not accepting the mail copy and are insisting on formal joining letter.
From India, Boisar
Dear Member, even if you have not received the formal offer from the current employer , those emails about joining offer etc., should be sufficient. If the next company, you wish to shift has committed you the position and allow to you to join after a month time , you can tender resignation in the present company and BCC of the resignation/ notice period email you can endorse to next company management .It shall assure them that you are working currently and wish them to join by as particular date.
From India, Lucknow
From India, Lucknow
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
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
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
HR Audit news letter.doc