Legal Question in Employment Law in India

Resignation no Notice Period in Offer Letter

Sir,

I was working with Indian Company where I was given Offer Letter which does not speak any thing about the Notice period on putting resignation, which I have accepted and signed and given my acceptance for joining the employement. Later on I was given appointment letter after almost two month in which 3 month notice period was mentioned as terms & condition for employement which I have not accpeted and have not signed and not given any accpetance of the same. Later on when I resigned from the organisation I was given a letter with details of the amount to be settled considering a 3 month notice period. Which I have just recieved and before leaving the organisation I have just written recieved and signed. Now the organisation is troubling me by sending letter to settle the amount. What is your guidance for the same.


Asked on 10/21/08, 4:44 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Resignation no Notice Period in Offer Letter

You may send them a suitable reply citing that you did not accept the terms and conditions of appointment letter which had mentioned 3 months notice period for resigning.

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Answered on 10/21/08, 5:49 pm
Rajesh Singh Trimurti Associates

Re: Resignation no Notice Period in Offer Letter

If you have not sign the offer letter and not the contract then the contract will not prevail but the law will prevail. The law of shops and establishment act will previal over the contract and the notice period mentioned therein will be applicable. Depending upon the state you belong will decide the period in general it is 15 days for less than 6 months employment period and 1 months for more than a year employment.

Best of luck dont worry and just reply to them as below :-

Without prejudice to the rights available to me under law/contract/tort, below is my reply.

1. I do not accept any of your contentions in the said letter, unless expressedly mentioned herein.

2. As we have not entered into any contract the terms of any contract cannot bind me.

3. My employment in your organisation, in absence of agreement, will be governed by law applicable to your establishment and so re-check the legal aspect and modify your letter accordingly.

In case, even if you decide to take action against me ignoring the law and my response then you may do it at your cost and risk.

====End of the body of message=====

You may contact me on 09967578380 if any clarification required.

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Answered on 10/22/08, 1:12 am


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