Please let me know the resignation period as per labor law in India. The company has not provided any official documentation such as an appointment letter or offer letter. What should be the minimum notice period? The company management is using abusive language and threatening that I have not given any notice period or completed a handover-takeover process when I leave the organization.
From India, New+Delhi
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From India, New+Delhi
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Resignation/notice period depends from company to company. As per standing order/service rule, it is generally between 30-90 days, and it has to be from both sides. There is no hard and fast rule under any law.
From India, Kolkata
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260From India, Kolkata
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Your query is incomplete. Please provide details of the company's structure under which it falls (factory or shop and establishment). Additionally, indicate whether you have resigned, the notice period you have given, and elaborate on the company's response.
Only with this information can the members of this group offer you an accurate answer. Otherwise, the responses provided may not be applicable to your situation and could mislead you.
From India, Mumbai
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Only with this information can the members of this group offer you an accurate answer. Otherwise, the responses provided may not be applicable to your situation and could mislead you.
From India, Mumbai
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What is your job profile? Do you get more than ₹15,000 per month? If yes, then labor laws do not apply to you. You may leave by giving a simple letter to them even though no appointment letter was given.
Thanks. In case of further queries, please come back.
From India, Calcutta
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Thanks. In case of further queries, please come back.
From India, Calcutta
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Sir, it is always better to give notice of resignation in writing for some minimum period as per terms of the contract or Standing Orders, as may be applicable. This may also be a good ground for you to demand an Experience Certificate as well as full and final settlement of dues. Without any proper leave-taking, the ex-employer will try to make it an absconding case, and for your new employer, it will be difficult to conduct your service verification.
From India, Noida
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From India, Noida
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It is very clear from your post that your ex-employer has engaged in an illegal activity by not issuing any appointment letter to the employee. It is mandatory for every service, and it should be treated as an agreement between the employer and employee where everything should be clear. You may lodge a report with the local police station against your employer for using abusive language and threatening you. Notice is not mandatory where an appointment letter is not issued.
Regards, S Shome GM - HR & Admin Shri Maa Group of Companies
From India, Kolkata
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Regards, S Shome GM - HR & Admin Shri Maa Group of Companies
From India, Kolkata
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Dear all,
I have one doubt. I worked in a small company with a salary of less than 15,000/-. I submitted my resignation with a 30-day notice period and served the full 30 days, but the employer has not responded to my resignation. They have also not provided me with my relieving letter, experience letter, or any mails and notices. I have not violated any bonds or conditions. Now, after 4 months, they are threatening legal action against me. Please suggest what I should do.
Note that I stopped going to the office on the 30th day of the notice period, and up to that point, I had not received any notices or mails. Please help me with advice on how to protect my career.
Thanks in advance.
From India, Hyderabad
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I have one doubt. I worked in a small company with a salary of less than 15,000/-. I submitted my resignation with a 30-day notice period and served the full 30 days, but the employer has not responded to my resignation. They have also not provided me with my relieving letter, experience letter, or any mails and notices. I have not violated any bonds or conditions. Now, after 4 months, they are threatening legal action against me. Please suggest what I should do.
Note that I stopped going to the office on the 30th day of the notice period, and up to that point, I had not received any notices or mails. Please help me with advice on how to protect my career.
Thanks in advance.
From India, Hyderabad
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Dear all,
I have one doubt. I worked in one small company with a salary less than 15000. I gave my resignation with a 30-day notice period, and I served the full 30 days. However, my employer has not responded to my resignation, and now they are not providing me with my relieving and experience letters. They have not sent me any emails or notices. I have not violated any bonds or conditions. Now, after 4 months, they are saying they will take legal action against me. Please suggest what I should do.
Note: I stopped going to the office on the 30th day of the notice period, and until then, I had not received any notices or emails. Please help me on how to safeguard my career.
Thanks in advance
From India, Hyderabad
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I have one doubt. I worked in one small company with a salary less than 15000. I gave my resignation with a 30-day notice period, and I served the full 30 days. However, my employer has not responded to my resignation, and now they are not providing me with my relieving and experience letters. They have not sent me any emails or notices. I have not violated any bonds or conditions. Now, after 4 months, they are saying they will take legal action against me. Please suggest what I should do.
Note: I stopped going to the office on the 30th day of the notice period, and until then, I had not received any notices or emails. Please help me on how to safeguard my career.
Thanks in advance
From India, Hyderabad
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Dear Friends,
I somehow feel that any Employment is a commitment between the Employer and Employee and has to follow some ethical guidelines. It however has hardly remained an ethical practice and that is the reason why employments are regulated through various Labour Laws and Governmental interventions.
From your paragraph it seems that your Employer had never been “ethical” as he did not issue you a Letter of Appointment and you followed the track by not giving a notice before resigning from the Services of the Company. In fact both of you seem far from being “Legal” and if taken to any Legal Forum would be penalised heavily that may leave a “Permanent Scar” on both of you.
It seems it could best be solved amicably following mutual discussions and settlement process. I feel you ex-employer would be human enough to atleast pay you “due salary” for period you worked with him. A Letter of Experience from such company does not seem worth to me and to avoid bitterness can be foregone.
This, however, should be taken as an “Eye Opener” for future employments …….
From India, Pune
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I somehow feel that any Employment is a commitment between the Employer and Employee and has to follow some ethical guidelines. It however has hardly remained an ethical practice and that is the reason why employments are regulated through various Labour Laws and Governmental interventions.
From your paragraph it seems that your Employer had never been “ethical” as he did not issue you a Letter of Appointment and you followed the track by not giving a notice before resigning from the Services of the Company. In fact both of you seem far from being “Legal” and if taken to any Legal Forum would be penalised heavily that may leave a “Permanent Scar” on both of you.
It seems it could best be solved amicably following mutual discussions and settlement process. I feel you ex-employer would be human enough to atleast pay you “due salary” for period you worked with him. A Letter of Experience from such company does not seem worth to me and to avoid bitterness can be foregone.
This, however, should be taken as an “Eye Opener” for future employments …….
From India, Pune
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