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Contracts

(Querist) 04 February 2012 This query is : Resolved 
A person worked with a company with no written agreement betwn the employer n employee... he want to resign but his resignation not accepted. The employee started unattending his duties.. BUt the employer is threatening him tht he will file cases against him.
VENKATESH HEGDE (Expert) 04 February 2012
With out having any agreement or offer letter he can not appoint a person as an employee if it is a company. He cant file any case. & He can't refuses his resignation. If he treated him as unattended also after a specified time it is treated as resignation /absent.
Advocate. Arunagiri (Expert) 04 February 2012
When there is no written agreement, the employer can not succeed in his case.

The employee can leave the company simply by sending a letter to quit. Acceptance of resignation does not arise.

If the employee is in possession of company properties, he has to surrender it to the company before he leave.
prabhakar singh (Expert) 04 February 2012
In absence of agreement dictating terms of employment signed between employer and employee the parties are at liberty on either side and employee is free to quit the job and the employer can not sue employee for any thing as there is no cause of action
available.
Devajyoti Barman (Expert) 04 February 2012
If there is no notice period agreed to be served by the employee the threat of fling case by the employer is an empty threat or threat without nay merit.
Raj Kumar Makkad (Expert) 04 February 2012
I have also similar opinion as expressed above.
Chanchal Nag Chowdhury (Expert) 05 February 2012
Your friend, in the absence of specific terms in a contract is absolutely free to leave. Where is the fuss?


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