Legal Question in Employment Law in India

Sir my employer did not issue any joining letter or appointment letter that talks about terms and condtions.and now when i emailed the resignation ,he is asking for 90days working notice.there is nothing documented,there is no biometric attendance for me,i hv to sing in register.also every time i send him resignation he never replys back by email but just talks to me across the table.he threatens me of of filing a legal law suit, and cancelling my license just because he is a lawyer himself. i want to get out of this mess at earliest. pls guide me.i gave my written resignation few days back, legally after one month from that day can i stop going to work ?


Asked on 9/19/15, 4:04 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

19.09.2015

Dear Sir / Madam,

If your Employer (irrespective of his / her business or profession) has not issued you an Appointment Letter, there is no legal employment contract between you and the employer. You are not legally required to serve any notice period with the employer. You are entitled to ask your employer across the table to pay up and settle your salary and full and final settlement dues and stop going to the Employer's office from the very next day. If the employer does not pay you all your dues, straightaway lodge a Police complaint for cheating (Section 420 of the Indian Penal Code) against the employer. If there is no Police action within 3 (three) days of your lodging the Police complaint, please inform me by re-posting this query to enable me to advice and guide you further.

Regards,

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Answered on 9/19/15, 6:25 am


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