Legal Question in Employment Law in India

RESPECTED SIR,

I AM APOORVA SHARMA WORKING IN AN REAL ESTATE COMPANY (EMPIRE INDIA HOLDINGS PVT LTD, CHANDIGARH) AS AN HR EXECUTIVE. I HAD JOINED HERE ON 2ND-JANUARY-2013. I HAD JUST GOT AN OFFER LETTER, AND YET NOT GOT ANY APPOINTMENT LETTER OR JOINING LETTER. NOW I WANT TO RESIGN FROM HERE, FOR THAT I HAD MAIL MY RESIGNATION ON 6-NOVEMBER-2013, WITH 10 DAYS NOTICE PERIOD. AFTER THAT THEY REVERTED ME THAT SERVE 30 DAYS OF NOTICE PERIOD, OTHERWISE WE WILL DEDUCT IT FROM YOUR FULL AND FINAL. I D'NT SIGNED ANY DOCUMENT OR BOND WHICH SHOWS I AM LEGALLY BOND TO SERVER 30 DAYS NOTICE PERIOD.i just want to know more that i will get or i am liable for my full salary of October month before/after leaving from here.

KINDLY GUIDE ME WHAT SHOULD I DO. PLEASE REVERT ME AS SOON AS POSSIBLE. WILL BE WAITING FOR YOUR REVERT. YOU CAN CALL ME IF REQUIRED.

REGARDS,

APOORVA SHARMA

7696667522


Asked on 11/06/13, 10:42 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Since the offer letter does not mention anything regarding the service of one month notice period, the company is not right in asking fro the same. In the absence of any clause to that effect, your resignation should be duly accepted and all the arrears should be cleared. If that does not happen, you should send a legal notice to the company.

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Answered on 11/06/13, 11:16 pm


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