I signed and accepted an offer letter from an MNC. The offer letter states the following about the notice period: "In the event of your resignation from services of the Company during the probation period and thereafter, you will have to give 90 days’ notice."
I have not received any appointment letter or joining letter so far. I'm still in the probation period. However, I want to quit without serving the last two months of the notice duration. It has only been 15 days on the project, and there's no need for a smooth handover. I tried talking to HRs and managers, but they are not cooperating. Please suggest.
From India, Mumbai
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I have not received any appointment letter or joining letter so far. I'm still in the probation period. However, I want to quit without serving the last two months of the notice duration. It has only been 15 days on the project, and there's no need for a smooth handover. I tried talking to HRs and managers, but they are not cooperating. Please suggest.
From India, Mumbai
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You have signed and accepted the offer letter containing the notice period and are bound by it. The issue of the appointment order is an administrative follow-up action; its absence cannot help you to come out of the obligation. Probably your higher-ups cannot help, so it is better to talk to HR and have a clear understanding.
From India, Mumbai
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1655From India, Mumbai
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Yes, you can immediately leave the company as you have not received any appointment letter. An offer letter is different from an appointment letter. You may leave without any notice, and you are not bound to serve any notice period.
Sanjay Tiwari
M: 9727704102
From India, New Delhi
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Sanjay Tiwari
M: 9727704102
From India, New Delhi
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I completely disagree with Sanjay Tiwari.
The offer letter is an agreement that you have signed. The terms in it are binding irrespective of whether you got an appointment letter. If you get an appointment letter, it, being a later contract, will override the terms in the offer letter.
From India, Mumbai
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The offer letter is an agreement that you have signed. The terms in it are binding irrespective of whether you got an appointment letter. If you get an appointment letter, it, being a later contract, will override the terms in the offer letter.
From India, Mumbai
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Sorry, sir. I don't agree with you. An offer letter is not an agreement; it is only an offer the company has given to the selected candidate. Even the company can't force any candidate to join after accepting the offer letter. If you have any documents related to this, please share them with me. An employee can receive offer letters from many companies, and it is up to them to decide which company to join. As for the appointment letter, if an employee receives it during the probation period, they can still leave without notice.
Regards,
Sanjay Tiwari
From India, New Delhi
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Regards,
Sanjay Tiwari
From India, New Delhi
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Sorry, sir,
I don't agree with you. An offer letter is not an agreement; it is only an offer the company has given to the selected candidate. Even the company can't force any candidate to join the company after accepting the offer letter. If you have any papers related to this, please share them with me because an offer letter can be obtained from many more companies by an employee. It is up to him which company he wants to join. Even after the acceptance of an Appointment letter, if a probation period clause is present, then the employee can leave without a notice period during the probation period. If no probation clause is present, then an employee is bound to serve the notice period as mentioned in the appointment letter; otherwise, no notice period is required during the probation period. Once again, an employee can leave the company without a notice period if he has not signed the appointment letter.
Regards, Sanjay Tiwari Dy. G.M. (HRD & IR) Air Control & Chemical Engineering Co. Ltd. M: 9727704102
From India, New Delhi
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I don't agree with you. An offer letter is not an agreement; it is only an offer the company has given to the selected candidate. Even the company can't force any candidate to join the company after accepting the offer letter. If you have any papers related to this, please share them with me because an offer letter can be obtained from many more companies by an employee. It is up to him which company he wants to join. Even after the acceptance of an Appointment letter, if a probation period clause is present, then the employee can leave without a notice period during the probation period. If no probation clause is present, then an employee is bound to serve the notice period as mentioned in the appointment letter; otherwise, no notice period is required during the probation period. Once again, an employee can leave the company without a notice period if he has not signed the appointment letter.
Regards, Sanjay Tiwari Dy. G.M. (HRD & IR) Air Control & Chemical Engineering Co. Ltd. M: 9727704102
From India, New Delhi
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Sorry, sir. I don't agree with you. An offer letter is not an agreement; it is only an offer the company has given to the selected candidate. Even the company can't force any candidate to join after accepting the offer letter. If you have any documents related to this, please share them with me because an offer letter can be obtained from many other companies by an employee. It is up to the employee to decide which company to join. Even if there is a probation period clause in the acceptance of an appointment letter, an employee can leave without notice during the probation period.
If there is no probation clause, the employee is obligated to serve the notice period as specified in the appointment letter. If there is a probation clause, no notice period is required during the probation period. Furthermore, an employee can leave the company without a notice period if they have not signed the appointment letter.
Regards, Sanjay Tiwari Dy. G.M. (HRD & IR) Air Control & Chemical Engineering Co. Ltd. M: 9727704102
From India, New Delhi
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If there is no probation clause, the employee is obligated to serve the notice period as specified in the appointment letter. If there is a probation clause, no notice period is required during the probation period. Furthermore, an employee can leave the company without a notice period if they have not signed the appointment letter.
Regards, Sanjay Tiwari Dy. G.M. (HRD & IR) Air Control & Chemical Engineering Co. Ltd. M: 9727704102
From India, New Delhi
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Hi,
1. In particular, regarding the offer letter, if you have accepted and signed the offer letter but have not reported for duty (i.e., not filled and submitted the joining docket), then there is no need to give notice. You can simply provide excuses and step back. HOWEVER, DOING SO IS UNETHICAL. I ADVISE THAT IF YOU HAVE ACCEPTED THE OFFER, THEN YOU NEED TO BE COMMITTED.
2. If you have signed and submitted the joining docket, you will receive the formal appointment letter within a few days. You are required to serve the notice period as stated in the appointment letter.
From India, Mysore
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1. In particular, regarding the offer letter, if you have accepted and signed the offer letter but have not reported for duty (i.e., not filled and submitted the joining docket), then there is no need to give notice. You can simply provide excuses and step back. HOWEVER, DOING SO IS UNETHICAL. I ADVISE THAT IF YOU HAVE ACCEPTED THE OFFER, THEN YOU NEED TO BE COMMITTED.
2. If you have signed and submitted the joining docket, you will receive the formal appointment letter within a few days. You are required to serve the notice period as stated in the appointment letter.
From India, Mysore
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Facts posted suggest that you have already taken up the appointment. As such, the issue of the appointment letter is not at all a decisive factor. By accepting the terms offered and joining, the employment contract has been completed.
From India, Kochi
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From India, Kochi
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Mr. Tiwari,
At the risk of boring the others, I will point out the technical (legal) part of the matter here.
Under the Contract Act:
1. Sec 2 (h) - 'An agreement enforceable by law'.
2. Sec 2(b) - Promise: 'when the person to whom the proposal is made signifies his assent thereto, the proposal becomes an accepted proposal. A proposal when accepted becomes a promise. A promise to do or abstain from doing something becomes an agreement when it is accepted by all the parties involved in the agreement.
3. Essentials of a valid contract: Sec 10
* Two Parties - A valid contract must include a minimum of two parties; one that makes the offer and the other to whom the offer has been made and who must accept the proposal for it to become enforceable.
* Legal Obligation - The parties entering into a contract must have the intention of entering into a legal obligation.
* Certain Terms - A legal contract must have certainty of meaning.
* Possibility of Performance - A contract is considered valid only when it does not involve the performance of an impossible act.
* Free Consent
* Competency - The parties must be legally competent to enter into a contract.
* Consideration - The contract must involve consideration as per the principle of 'quid pro quo' or something in return.
* Legal Consideration - Section 23 of the Contract Act defines legal consideration as something not forbidden by law.
Now, please tell me which of the above is missing in an Offer Letter? It is a proposal made by one party, accepted by the other, done of free consent by persons competent to enter into an agreement. There is a consideration too (and the consideration need not be the exchange of money).
Actually, either side can sue the other in court for a breach of terms of the accepted offer. It is a general practice that an appointment letter is issued (legally required in a few states) when the person joins. If it is issued and accepted, it will override the offer letter. Till then the terms of the offer letter are valid and enforceable.
If the candidate takes offer letters from multiple parties, none of them is enforceable at that stage, but once he accepts it, it is binding on him and the company. If he is accepting multiple of them, it is legally actionable by any or all of them.
With reference to Notice Period, there is no notice period during probation only if it says so in the offer letter/appointment letter or the standing orders. Otherwise, the normal notice period applies. If you think no one needs to give notice during probation, that is a misconception. Most companies provide for it, but it is not the law.
From India, Mumbai
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At the risk of boring the others, I will point out the technical (legal) part of the matter here.
Under the Contract Act:
1. Sec 2 (h) - 'An agreement enforceable by law'.
2. Sec 2(b) - Promise: 'when the person to whom the proposal is made signifies his assent thereto, the proposal becomes an accepted proposal. A proposal when accepted becomes a promise. A promise to do or abstain from doing something becomes an agreement when it is accepted by all the parties involved in the agreement.
3. Essentials of a valid contract: Sec 10
* Two Parties - A valid contract must include a minimum of two parties; one that makes the offer and the other to whom the offer has been made and who must accept the proposal for it to become enforceable.
* Legal Obligation - The parties entering into a contract must have the intention of entering into a legal obligation.
* Certain Terms - A legal contract must have certainty of meaning.
* Possibility of Performance - A contract is considered valid only when it does not involve the performance of an impossible act.
* Free Consent
* Competency - The parties must be legally competent to enter into a contract.
* Consideration - The contract must involve consideration as per the principle of 'quid pro quo' or something in return.
* Legal Consideration - Section 23 of the Contract Act defines legal consideration as something not forbidden by law.
Now, please tell me which of the above is missing in an Offer Letter? It is a proposal made by one party, accepted by the other, done of free consent by persons competent to enter into an agreement. There is a consideration too (and the consideration need not be the exchange of money).
Actually, either side can sue the other in court for a breach of terms of the accepted offer. It is a general practice that an appointment letter is issued (legally required in a few states) when the person joins. If it is issued and accepted, it will override the offer letter. Till then the terms of the offer letter are valid and enforceable.
If the candidate takes offer letters from multiple parties, none of them is enforceable at that stage, but once he accepts it, it is binding on him and the company. If he is accepting multiple of them, it is legally actionable by any or all of them.
With reference to Notice Period, there is no notice period during probation only if it says so in the offer letter/appointment letter or the standing orders. Otherwise, the normal notice period applies. If you think no one needs to give notice during probation, that is a misconception. Most companies provide for it, but it is not the law.
From India, Mumbai
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