Dear Sir, I joined a company xyz on june1st. The employer gave me an offer letter, which I accepted it, and it is mentioned in the offer letter that the "general terms and conditions are as per appointment order, which will be issued at the time of joining". The employer gave me an appointment letter after few days of my joining, which I did not accept as the salary condition was not as per discussion. HR told that he will revise the order. But till now he has not given. Now I have got another employment.
Now, I have resigned but the employer is saying that I need to serve 2 months as notice period else he will go legally. In this company they don't allow me to sign attendance, as security records my attendance. I have taken salary for 2months. Please advise, can the employer take legal action against me, if I go without relieving letter.
From India, Bengaluru
Now, I have resigned but the employer is saying that I need to serve 2 months as notice period else he will go legally. In this company they don't allow me to sign attendance, as security records my attendance. I have taken salary for 2months. Please advise, can the employer take legal action against me, if I go without relieving letter.
From India, Bengaluru
Dear Krishnadas,
Under the provisions of Indian Contract Act, 1872, appointment letter is a contract between employer and employee. In your case you say that you did not accept the appointment letter. Since the appointment letter was not accepted, employer-employee relationship, or the contract between the two parties is not established. Consequently, employer cannot impose on you the conditions of employment. Your employer should have exercised caution by timely issue the appointment letter. By not doing that, he has marched onto a sticky wicket. Going further, your employer did not allow you to sign the attendance register. Therefore, where is the proof that you worked for them?
You may quit the job by stating that the conditions of employment cannot be imposed on you. There is no need to serve two month's notice period. Your employer cannot take any legal action. They are just trying to deter you.
Since you were not issued appointment letter, do not submit resignation letter. Your resignation letter will leave evidence of your employment with the employer.
As far as relieving letter is concerned, your tenure at that company was too short. Relieving letter carries no meaning. Before you stop reporting for the duties, you may ensure that proper handing/over is done. Ensure that you do not possess any company property like mobile phone, SIM card etc.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Under the provisions of Indian Contract Act, 1872, appointment letter is a contract between employer and employee. In your case you say that you did not accept the appointment letter. Since the appointment letter was not accepted, employer-employee relationship, or the contract between the two parties is not established. Consequently, employer cannot impose on you the conditions of employment. Your employer should have exercised caution by timely issue the appointment letter. By not doing that, he has marched onto a sticky wicket. Going further, your employer did not allow you to sign the attendance register. Therefore, where is the proof that you worked for them?
You may quit the job by stating that the conditions of employment cannot be imposed on you. There is no need to serve two month's notice period. Your employer cannot take any legal action. They are just trying to deter you.
Since you were not issued appointment letter, do not submit resignation letter. Your resignation letter will leave evidence of your employment with the employer.
As far as relieving letter is concerned, your tenure at that company was too short. Relieving letter carries no meaning. Before you stop reporting for the duties, you may ensure that proper handing/over is done. Ensure that you do not possess any company property like mobile phone, SIM card etc.
Thanks,
Dinesh Divekar
From India, Bangalore
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