• Resignation without appointment letter

Dear Sir,
   Am  working in a construction company where i never received a offer letter/appointment letter, pay slip etc. I asked so many times but no response from their. After completing one year due to some problem i want to resign the job so i submitted the resignation through mail with one month notice period.They replied as my resignation accepted but need to serve the 3 months notice period. Now my doubt is should i continue my notice period of one month? or after mentioning in resignation if i don't continue the notice period any problem may arrive? and what about my money ?(PF & leaves amount pending from their side) & what about my experience and relieving letter?do they will provide?
Asked 2 years ago in Labour from Vijayawada, Andhra Pradesh
1) you are not bound to serve the 3 month notice period as your appointment letter does not contain such a clause 

2) you can in reply mention that you have never signed any document wherein notice period mentioned is of 3 months 

3) company cannot retain your PF money .Get a PF withdrawal form, fill it and submit the same directly to the regional Provident Fund Office. 

4) however company would not issue you experience letter and relieving letter if you dont serve the notice period as desired by the company 
Ajay Sethi
Advocate, Mumbai
46788 Answers
2768 Consultations

5.0 on 5.0

A. Once the employee joined with particular designation for the company that have bounden duty to issue Appointment Order at the time of joining. There must be a terms and conditions and formal deciple code for the employee alongwith notice period towards the resignation.

B. In your case, no appointment order issued by the company. However, have you received any offer letter? was there any terms and conditions? Have you received company policy through mail? If yes, what is there in the policy? don't worry, employer cannot insist to serve 3 month notice in the absence of contract. Moreover, they don't have right to hold your PF and relieving letter. You send a mail by narrating all the facts pertaining to non issue of appointment order and mention your last working day. If you get any trouble from them, issue a legal notice to the Reporting Manager, HR and Director of the Company.
B.T. Ravi
Advocate, Bangalore
838 Answers
58 Consultations

5.0 on 5.0

if there is no appointment letter or offer letter, then your services are deemed to be temporary in eyes of labour law. 
Temporary employees are eligible for PF and leave amount. 
Temporary employees need not serve notice period as their jobs are temporary in nature. 
Issue notices to your employer.
Rajgopalan Sripathi
Advocate, Hyderabad
1324 Answers
168 Consultations

5.0 on 5.0

If there is no contract of employment signed by you which prescribes a notice period of 3 months then you are unbound to serve the notice period required by the employer, but it is likely that your employer will then withhold your salary and other dues. The choice for you is to either accede to the demand of the employer to serve the notice period or be prepared for a legal battle to recover your dues which may be withheld. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

You have already communicated your decision to resign the job and also offered to give one month notice.
Since you have not been issued with offer letter or you are aware of the terms and conditions of your employment, even this notice period is not necessary.
However, since your employer has asked you to serve three months notice period, you may write back stating that you were never given employment offer letter nor the salary slip nor you are made aware of the employment terms and conditions by which you are bound, hence the present condition imposed by the employer is not acceptable to you and you may also demand your relieving letter on the date of scheduled departure from the company and also  your F&F to be settled on the the last date of working.
If the company is not acceding to your request you may issue a legal notice demanding the reliefs  after which you can initiate legal action through labor law.
Consult a labor law practicing lawyer in the local and take his advise on all such further issues.
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

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