• Resignation without notice period

Dear Sir,

I am working in an IT company (Noida) where i never received any appointment letter.
Till now i get an offer letter / agreement only (Thats too on a photocopy - not on letterhead). 
I also have salary slips in my HRM Software

My Health didn't allow me to continue further. I want to resign..
Now is it necessary to server notice period if so mentioned in my terms and condition clauses. because terms are conditions are also given on plan papers. 
I do not want any dues or PF or releasing letter from my company, as i am probation period right now. Till now i spent 3 months only
Please assist
Asked 7 years ago in Labour

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15 Answers

submit your resignation on health grounds

2) enclose your medical certifcate

3) you have to serve notice period as per terms mentioned in agreement signed by you

4) you have not mentioned what is notice period mentioned in agreement signed by you

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

1. If there is no mentioning of any notice period then within short notice you can resign from the company.

2.Since you had worked for 3 months only ,you are not entitled for gratuity but you are entitled to PF.

3.So send them your resignation letter at the end of the month.it would be good if you send them notice at least 7 days beofre you quit.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

1. If there is no contract executed between you and employer then you are governed by the rules of the company, if any made in this regard.

2. An offer letter alone does not bring the contract into existence. The terms of the offer letter will, however, bring into inception obligations of contractual nature once the offer is accepted.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. notice period is applicable only when probation period has completed.

2. you may resign without comply notice period.

3. your health problem is a good ground for resignation.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Hello,

Yes you can leave since you have not entered into any agreement as of now with the company and therefore you will not have to face any difficulty if you leave the company without serving the notice period.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

1)if notice period is of one month submit your resignation letter and serve the one month notice

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

You continue to be bound by the rules of the company irrespective of whether your previous employer's notice period was purchased by your current employer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

You can leave the company, you do not have to worry about the same since you have not entered into any kind of employment agreement.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

If you are not interested in getting the relieving and experience letter then you may just send a letter intimating your decision to resign the job, by registered post.

You should not be bothered even if they terminate your services and mention desertion as reason for that.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

You may comply with the conditions made in the employment offer letter.

If the company did not honour it's promise made earlier you may remind them about it in the resignation letter and demand it.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

it is at discretion of company to waive the notice period and accept payment for shortfall in notice period

2) serve the notice period or offer to pay for shortfall

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

You can tender the resignation with notice period following the prescribed procedure or the rules for the purpose.

Let the management give a reply or reject your application, you can initiate legal action after that as per law.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

Insist on written acceptance of resignation letter

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Yes it is necessary for you to get the acceptance in written, and even otherwise in absence of any reply you might consider that your application has been accepted. You can write a mail and post a letter with this respect.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Since you have resign the job better create a documentary evidence so that you can defend your interests at a later stage.

You can send the resignation letter by registered post.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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