Dear Querist, 

since you have not entered into any formal agreement which is in a written form, but the agreements can be formed orally and by conduct. since you have worked in the organisation holding a position over there. Better recourse will be send a notice stating the reason and intimation as to your quitting the company. Since, agreements in restrain of trade are not enforceable anyhow as per the law of contract. You cant be forced to work there if you have sufficient reason for not working there anymore. My advice for you is to send a notice of intimation through the lawyer stating the reason for not joining the office. 

Hope this solves your query. 

You can contact me for consultation and sending the notice of intimation on your behalf. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE

You must submit resignation letter 

2) if you have not  signed any appointment letter you don’t have to serve any notice period 

If you have been working with that company on an oral agreement/contract/understanding basis you may put down you papers by communicating your decision orally to the chief of the company.

You need not answer to the HR, however if you hav been served with a notice by the HR then you can issue a reply notice to the HR denying her allegations since you are not an employee on the rolls of the company and whatever salary that had been paid to you every month can be considered as remuneration to the services rendered by you towards the company's development.

Do not commit in writing by tendering your resignation in writing which will be construed as your acceptance of the employment.

You can consult an advocate and proceed legally against the notice issued by the HR of the company. 

Yes, to avoid future complications it is recommended that you quit the company after submitting a formal resignation letter with all necessary details.

2. If any property of the company was under your control you must return the same .

3. As there was no formal job contract or NDA there is no question of  serving any notice period. 

Dear Sir/Madam,

It is better to send a formal resignation letter to avoid future financial or other liabilities which may be fixed on you . 

At least it is obligatory on you to hand over the charge. You will be declare absconder if absent without notice, so better send resignation.

Not required to serve notice period but It is not good to leave company without serving the notice period.

If you have officially joined then you will require to resign if you need any correspondence from that company for relieving from the services. Otherwise it's not required for you

See you can give a mail or written resignation and on acceptance of same you can be relieved of your post with proper reliving and experience letter and full and final dues.

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay , and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Since, you have worked there , then for avoiding any future complications , you should send a written resignation letter , and keep copy for record.

1. Yes .... Irrespective of not receiving any appointment letter, and since you have served some period as MD, you would need to submit a proper "resignation letter" by giving proper reasons and declaring that you do not hold any type of  co. documents or records or registers or cash etc ....  This becomes necessary to avoid any probable allegations or claims of losses etc...., against you.

You can send normal resignation from your personal email I'd.

1. Yes you have to send formal resignation to HR of company

2. If you doesn't send the resignation they can declare you absconding from job and terminate your service. 

1. Has any contract of employment been executed? If yes, you are bound by the terms and conditions incorporated in it.

2. How is salary given to you?

No it is not necessary to give a notice before resignation. You can directly tell the hr via email that you are resigning due to personal reasons.