Hi, I was not given an appointment letter or posting order of any sort at the time of joining on probation or even upon confirmation as a staff. I have been working in this institution for the last 2.5 years. Is it mandatory that I should submit a resignation and serve a notice period since I have not received a posting order or appointment letter of any sort.
From India, Mumbai
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From India, Mumbai
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Dear Harikumar,
Technically, if the appointment letter is not issued, then the employer-employee relationship is not established. Since there is no contract between the employer and employee, a question of terms and conditions of separation from the company does not arise. In view of this, should you abandon employment at your will? The theoretical answer could be 'yes,' but there are practical things that one needs to look at.
If you abandon employment, then the employer is not liable to give you the "Service-cum-experience Certificate." If you do not acquire this certificate, then how will you show your tenure at this company?
Whether the appointment letter is issued or not, your current employment was a source of livelihood for you. Therefore, it is appropriate for you to leave the company on a good note. Our future is unpredictable. Our life is nonlinear. Who knows the situation may force you to come back to the current company. Therefore, prudence demands to keep the door ajar. In case you abandon the employment, then the door of that company will close for you permanently.
Thanks,
Dinesh Divekar
From India, Bangalore
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8211Technically, if the appointment letter is not issued, then the employer-employee relationship is not established. Since there is no contract between the employer and employee, a question of terms and conditions of separation from the company does not arise. In view of this, should you abandon employment at your will? The theoretical answer could be 'yes,' but there are practical things that one needs to look at.
If you abandon employment, then the employer is not liable to give you the "Service-cum-experience Certificate." If you do not acquire this certificate, then how will you show your tenure at this company?
Whether the appointment letter is issued or not, your current employment was a source of livelihood for you. Therefore, it is appropriate for you to leave the company on a good note. Our future is unpredictable. Our life is nonlinear. Who knows the situation may force you to come back to the current company. Therefore, prudence demands to keep the door ajar. In case you abandon the employment, then the door of that company will close for you permanently.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Dinesh,
Thank you so much for the prompt reply. During my tenure, I have collected 3 "still working certificates," one every 6 months. Does this document do any good in case HR does not provide me an Experience cum Service certificate? Am I liable to pay the notice period amount in case of one-day resignation?
From India, Mumbai
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Thank you so much for the prompt reply. During my tenure, I have collected 3 "still working certificates," one every 6 months. Does this document do any good in case HR does not provide me an Experience cum Service certificate? Am I liable to pay the notice period amount in case of one-day resignation?
From India, Mumbai
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Hi Hari Kumar,
What you have in hand may not be sufficient. It would be prudent to complete the notice period as required and get your detailed experience cum service certificate indicating your DOJ, DOR, salary received, nature of work, etc. I was wondering how you have worked for 2.5 years without any proper employment order in place.
Always ensure to have some proper employment order/proof for salary in place which will be useful for your employment applications/Bank loans.
From India, Madras
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What you have in hand may not be sufficient. It would be prudent to complete the notice period as required and get your detailed experience cum service certificate indicating your DOJ, DOR, salary received, nature of work, etc. I was wondering how you have worked for 2.5 years without any proper employment order in place.
Always ensure to have some proper employment order/proof for salary in place which will be useful for your employment applications/Bank loans.
From India, Madras
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