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Anonymous
As an employee, If I have not signed a contract or employment agreement, Is it possible for my employer to enforce a notice period? Is there any minimum notice required as part of Labour laws? Also, without a contract, what is the minimum eligible CLs and Sick Leaves as per law for an employee having served for period of 1 year with the company? Are there other ramifications since I do not have a contract?
From India, Bengaluru
Dinesh Divekar
7736

Dear friend,
Have you been issued appointment letter? If yes, then what terms are mentioned in appointment letter. Both the sides need to abide with these terms.
Under the provisions of Indian Contract Act, 1872 appointment letter is considered as "Contract" between employer and Employee.
Thanks,
Dinesh Divekar

From India, Bangalore
TalentKare
1

You need to check your offer letter or any other document which explains the terms and condition of the employment as per your current company,if it signifies any notice period to be served yo can follow that.
From India, Faridabad
Anonymous
7

Minimum notice period will be 23 days and CLs and SLc differs from one company to another.
From India, Bangalore
Anonymous
There is no mention in the offer letter about Holidays or Notice period. The offer letter only covers compensation and joining date. In which case, Can my employer enforce me to stay for a month? Or can my employer show those number of days of notice not served as a liability to the company and reduce it from my salary? Since there is no official contract signed, can I put down my resignation papers on a day and leave the next day? Also, Is there any law that states that minimum notice of x days has to be served even if there is no contract for a person working for one year?
From India, Bengaluru
Anonymous
7

Hi, at least you need to serve 23 days of notice period, commonly 23 days is the best practice in the corporate world and the reason is you need to do transition for the new employee.
If you resign and soon after next day you leave the company then company has the rights to hold your salary.
If transition is not required then you can leave immediately but that should be accepted by HR Dept.
only because of your transition, company is forcing you to serve 30 days of notice period - reason is your resignation should not effect for the production or to the business.

From India, Bangalore
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