Betty Kurian (Team Leader) 17 July 2013

Resignation and notice period in case of no written agreement

Dear Sir/Madam,

I am working with XYZ company.

I joined in as a trainee at the time when the company was not registered.

Then the company was registered after 6 months during which I was taken as employee based on my performance. But I was never given an appointment letter or any such formalities.
Thereafter I continued working for another 1 1/2 years in this company giving the best performance as possible. They refused for my increment after my 2 years of service, and now that I got job in another company, I wish to resign from my service.

The company is forcing me to serve a notice period of 3 months while the offering company allows a maximum of 45 days time for joining. There is no way I can plead with my superior because they have strictly told me to serve notice period or I may not recieve my experience certificate. My manager is harsh too.

Is there any law regarding the notice period for an employee. Since there is no written agreement, how many days of notice of resignation am I supposed to give? What can I do if they deny to provide me with experience certificate?

(I have seen my batchmates in the company facing a lot of frustration in this company while resignation and during notice period. Most or all of them who were on the same category like me served the notice period for 3 months facing too much oppression. I do not wish to face the same as I have already started facing some harrasment since when i intimated my manager about my intention to resign, and requested for 1 month notice instead of 3. So I wish to resign from service as early as possible).

Please help me regarding this matter. Thank you.

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2 Replies

Kumar Doab (FIN) 17 July 2013

You have posted that:

“But I was never given an appointment letter or any such formalities.”

The service conditions are stated in certified standing orders of the company extended to the designation of the employee, appointment letter, statue…………………….. Industrial Employment Standing Orders Act/Model Standing Orders……………

The service conditions stated in standing orders can not be negated in appointment letter.

If standing orders are not applicable to the company and/or have not been extended to your designation, and no appointment letter has also been issued to you and accepted by you the condition of notice period is not applicable to you.

What is this establishment: Commercial or Industrial?

The company would have displayed its registration certificate near entrance/on notice board.

You are in which state and HO/redg. office of the company is in which state?

Does Industrial Employment Standing Orders Act/Model Standing Orders apply to your establishment and has it been extended to your designation?

Notice period is also stated in (name of the state) Shops and Establishments Act…………..

It is felt that notice period is not stated as 3 months in this enactment of almost all states.

Employee should tender some reasonable notice (preferably by redg. post)and avoid abrupt termination.

The notice of resignation should be carefully drafted and structured and it should be highlighted that no task is pending and to whom charge/company property (if any including visiting cards, I.Card, workstation computer etc….) should be handed over.

Employee should handover charge under proper acknowledgment.

Industrial Employment Standing Orders Act/Model Standing Orders:

13. Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.

16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.