Hello, I was working with private limited IT company. I have been working with company since last 9 months. Company is registered with concerning department before 2 years. At the time of joining company told me to give salary by 15th of upcoming month in the offer letter. Apart from my designation, salary and salary date, nothing is mentioned in offer letter. No mentions of notice period at all. No other terms and condition from company side. In 9 months of employment only two times my salary was credited as per the offer letter. Due to the variable date of salary and for better opportunity that i have i resigned company immediately not given any kind of notice period. I have resigned by mail. They refused to have resignation by mail and asked for written resignation. So i given him written resignation, i also sent resignation by speed post. It has been 15 days there was no reply from employer about resignation i sent. They neither accepted not rejected my resignation. And after 15 days they mailed me about immediate termination saying continuous leaves i have taken. My question is.. If employee not signed any contract with company and if employee immediately resign by mail and written copy and if employer has not responded with that then is resignation is considered as accepted ? If not till how much time person is considered as company employee ? What if employer doesn't accept resignation ? Employer can terminate employee even after resignation ?
Is it compulsory to one month of notice period in private limited company ? Even if company didn't mention it in offer letter ?
reisgnation is accepted only after company intimates to employee in writing that his resignation has been accepted
2) company can accept resignation within a reasonable period
3) if employer does not accept resignation he must give reasons for non acceptance of resignation
4) employer can terminate employee as terms of contract
you would be bound to serve the notice period only if there is clause in your appointment letter
2) if appointment letter is silent you need not serve one month notice period
Hi
1) Since your employer has defaulted on payment of salaries on the stipulated date, he is primarily responsible for breach of contract if any.
2) Also since there is no mention of Notice period in your offer letter, it is deemed that it is an "At-Will" employment and both the parties(employee and employer) can severe their obligations as per their own will.
3) Also given that you are yet to complete 1 year of service and also given that your employer has not confirmed your employment, you are still deemed to be a temporary worker and hence both sides can severe their obligations at WILL.
4) With reference to you sending the resignation letter, you did the right thing by sending resignation letter to your manager through Mail.
5) After receipt of resignation letter, an employer cannot terminate the employment of the employee.
6) The employer is bound to relieve the employee from the services of employment on the basis of resignation letter and not otherwise.
7) A person is deemed to be an employee of the company till such time the employer formally relieves him from service
8) Unless stipulated in your offer letter or employment letter there is no requirement as such of notice period.
9) All IT companies in Gujarat are bound by rules of shops and establishment act and labour department rules.
10) Since all of the IT Companies are empowered to self certify their monthly and quarterly returns, labour department does not visit them or raid them unlike other industries. But that does that mean that an IT company can circumvent the law or act arbitrarily .
11)You can still choose to complain to the Labour department in case of non addressal of your grievance.
Employer is saying as you are not in company for last 15 days (uninformed leaves) company has lots of lose. And you are responsible for that. Now i am wondering how company make me responsible for lose that they have as i have already resigned, but they didn't accept my resignation. Also my salary of last month is still pending to them. Inspite of releasing salary they are saying about company lose. Not considering resignation i sent.
Hi
Since the previous month salary has not been credited in your account, the employer has no right whatsoever to demand work from an employee.
It is the rule of law that an employer needs to pay the salary to the employee before his sweat dries.
Also since there is no notice period in your contract per se and that you are equivalent to a probationary (temporary) employment, the employer cannot claim losses.
Issue notices to your employer demanding unpaid salary and relieving letters
Inform the company that you have resigned as salary was not paid on time
2) that you shall not be coming to office and to release your outstanding dues and to issue you relieving letter
3) you are not liable for loss suffered by company
Dear Querist
My opinion on your queries are as under:
If employee not signed any contract with company and if employee immediately resign by mail and written copy and if employer has not responded with that then is resignation is considered as accepted ?
Opinion: there is no question of acceptance or denial of resignation by employer, it is the wish of employee to do work with that company or not.
Sending resignation over the mail or by speed post is itself a legal resignation until and unless any terms and conditions specified regarding the same in appointment letter.
If not till how much time person is considered as company employee ?
Opinion: from that time when the employee sent mail regarding his or her resignation that employee can not be consider as an employee of that company.
What if employer doesn't accept resignation ?
Opinion: go and watch movies with family and friends.
Employer can terminate employee even after resignation ?
Opinion: no way, it is not legal, if the employer is doing this type of act and based on that termination the employee caused any damages then the employee can claim compensation from that company who issue a termination letter even after the resignation.
Is it compulsory to one month of notice period in private limited company ? Even if company didn't mention it in offer letter ?
Opinion: if there is no appointment letter issued by employer and there is no terms and conditions for the notice period then at any time the employee may resign from that company.
Issue a legal notice through an advocate and Aldo file a complaint before labour commissioner against the company.
If employee not signed any contract with company and if employee immediately resign by mail and written copy and if employer has not responded with that then is resignation is considered as accepted ?
The employer has not considered your resignation letter hence he has terminated your services. He has taken this action in order to avoid paying you the F&F and all your dues from the company, however it may be challenged.
If not till how much time person is considered as company employee ?
What if employer doesn't accept resignation ?
Since there is no terms or conditions in the offer letter, you do not have to worry about the employer's non-acceptance of the resignation letter.
You can move ahead as per your schedule.
Employer can terminate employee even after resignation ?
If the employer did not accept the resignation then he can terminate.
Is it compulsory to one month of notice period in private limited company ? Even if company didn't mention it in offer letter ?
If there is no such condition or terms mentioned in the employment offer letter then there is no need to serve one month any period of notice period.
The employer cannot force you to serve the same when there is no condition imposed in the offer letter
Employer is saying as you are not in company for last 15 days (uninformed leaves) company has lots of lose. And you are responsible for that.
You secure the evidence i.e., the copy of the resignation letter, that when it was went and when it was received by the other end. This would help you to prove that you have informed the employer about your decision properly.
Also my salary of last month is still pending to them. Inspite of releasing salary they are saying about company lose.
In order to avoid settle all your terminal dues, the company is playing this drama of loss etc.
Dont give it up, you may initiate proper legal action on this to recover your dues as well as to make them withdraw their termination order and to accept your resignation.