A person worked in an organization without an offer letter. However, when he resigns from the organization, is it compulsory for him to undergo a notice period.
A person not issued with an offer letter, but when he resigns from that job, is it compulsory for him to undergo a notice period.
From India, Hyderabad
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A person not issued with an offer letter, but when he resigns from that job, is it compulsory for him to undergo a notice period.
From India, Hyderabad
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Dear Colleague,
In the absence of any documents like an Offer Letter, Appointment Order, Contract of Employment signed by both sides, or a Code of Conduct or Service Rules signed by both parties, or if there are no Standing Orders for the establishment and no clause on the notice period is stipulated, then the service notice period is not mandatory, and there is no legal obligation on the part of the employee. Hence, please check for the presence or absence of these documents and ensure their availability before you make any further decisions in line with the outcome.
From India, Chennai
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337In the absence of any documents like an Offer Letter, Appointment Order, Contract of Employment signed by both sides, or a Code of Conduct or Service Rules signed by both parties, or if there are no Standing Orders for the establishment and no clause on the notice period is stipulated, then the service notice period is not mandatory, and there is no legal obligation on the part of the employee. Hence, please check for the presence or absence of these documents and ensure their availability before you make any further decisions in line with the outcome.
From India, Chennai
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I have a different take on this issue. For instance, the Delhi Shops and Establishment Act states that a person who has worked for 3 months must be given one month's notice. Salary by cheque can establish the fact that a person was employed; hence, if the case pertains to Delhi, one month's notice can be considered mandatory for both parties. I suggest checking the state-specific Act.
Col. Suresh Rathi
From India, Delhi
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Col. Suresh Rathi
From India, Delhi
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