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adnaan
50

Resignation of the employee starts when the employee resigns i mean date of resignation of the employee.
From India, Hyderabad
adnaan
50

No legal action would be taken as your joining formalities was abrupt and not according to the HR-policy.
From India, Hyderabad
deepakkharbanda
1

Dear resignation period starts from the date of resignation. whatever it accepted or not. or accepted to relieve on same date
From India, Delhi
sourcingspecialist
1

Hi MR. Saikumar,
I missed to mention that they did mention 15 days notice period in the offer letter which I signed, but I was not given any appointment letter or any confirmation letter. Am I still liable for a notice period in that case?
Regards,

From India, Lucknow
Ankita1001
737

Though the question is to Sai Kumar ji, I hope I can answer this.

Dear SourcingSpecialist,

When a company gives offer letter to the employee, it is an offer extended from employer's side. You have a right to accept or reject it.

Ideally your appointment letter should be given to you on the day of your joining or within a week. But there are firms who give you appointment letter only after 1 month of continuous tenure.

When appointment letter is given to an employee, he is given full information on notice period, other obligations for your perusal and you are supposed to sign the acceptance on its duplicate copy.

Once the appointment letter is signed and given, it means you accept the terms and conditions of the firm and hence are expected to abide by same.

--------------------------------

In your case, you were never given any appointment letter, neither have you signed the acceptance of it. So the question of notice period do not arise.

However, just resign on a good note by putting your papers down and submitting a formal resignation and give them atleast 2 days' time so that you can do handover.

See though formally you are not bound by the notice period clause, it never hurts to show a good image of yours, right.

All the best and hope it was of help :)

From India, Mumbai
saiconsult
1897

Dear Sourcing specialist
Now you joined a new job and that is the action, you have already taken, therefore don't worry about the past.and there are enough inputs given by members as to how to counter the ex-employer's demand/action. Moreover, no employer will be after an employee for a 15 day notice period .Enjoy your present job. All the best.
B.Saikumar
Mumbai

From India, Mumbai
Ankita1001
737

Hello Mr. Rawat,
Thank you for your prompt reply.
However I believed that my notice period starts from the date when I put my resignation. Same is re-assured to me by others - Mr. Adnaan, Deepak Kharbanda, B K Mohanty, Groyalg, Loginmiracle .
Please do not think that I', questioning your knowledge base. We have different experience and different policies to guide us. However, I guess generally and ideally too it starts from the date of resignation submission.

From India, Mumbai
omsairam_sachin
Dear, Dont worry they can not taking any action against you. So be happy. they will not taking any action. Regards SaiRaj
From India, Mumbai
awlobo
No appointment letter from the company. Resigned from the job by sending resignation through email, not served any days as notice which was not given in writing. They hold one month salary and asking to pay notice pay amount, otherwise will take legal action.
Can employer can take legal action as there is no appointment letter, no probation period mentioned nor confirmation letter. I worked for ten months. Please advise.

From India, Bangalore
riteshmaity
243

Did the company replied to your resignation letter either rejecting showing cause? If no, then without any response from the company, it will be deemed that your resignation has been accepted.
Are they asking you to pay the notice pay in writing? If yes, then the content of the letter is important and you may contact a lawyer to give a proper reply to that letter.
Apart from that, write to your company asking to clear the outstanding salary (they cannot withhold salary) immediately.

From India, Kolkata
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