Serving notice period, without signing any appointment letter
Hi, I have resigned from my current job by writing a formal resignation mail where I have mentioned that I won't be serving any notice period. But now my boss has replied to me saying if I do not serve any notice period they will take a legal action against me because I have not followed the terms and conditions as discussed and given to me on an appointment letter. But during the joining I did not receive any appointment letter, all I got was an offer letter where only my salary in mentioned. Can the company take any legal action against me inspite of that?
Asked in Business Law from Pune, Maharashtra
1) no terms and conditions were disclosed to you
2) no appointment letter was issued to you
3) offer letter did not mention any conditions
4) company would not succeed if it takes legal action
If you have not signed the terms and conditions for employment and have no proper appointment letter, then your company cannot seek the said compensation from you.
You can very well ask your company to proceed instead of giving such threat calls.
You should give a reply notice denying all their allegations and averments.
If there is no notice period mentioned in the appointment letter but it is mentioned in the rules of the company/firm then the notice period has to be complied. So if the rules mandate a notice period the same has to be served, failing which the company may sue you for breach of contract apart from refusing to relieve you.