Interim Appointment letter and resignation

Even an employee on probation must give a notice. If the terms of notice is given in the letter of appointment/letter of offer, the employer/employee are governed by the S&E Act. Hence you have to give the notice as demanded by the employer or to forego your salary for the notice period. In case it would NOT be fair on your part to terminate an employment by email. If at all you are not satisified, you must face the employer with your feed back and submit proper resignation.

vasudevan

My employer had suggested that I can send the resignation by mail. 

No terms of notice was given in the interim appointment letter.  So in this case what is the law applicable. 

Thanks for your prompt reply

 Shahnaz

Services of a probationer can be terminated as per the tems as expressly mentioned in the lette of appointment. Only in case of a stigmatic termiation, there has to be disciplinary enquiry but otherwise the period as mentioned in the appointment letter should suffice.

Please do send resignationthrough mail, clearly mentioning that it is being sent as per the directions and do retain copies thereof.

Thanks for your prompt reply and advice.

My question is What is the legal status of an INTERIM Appointment Letter?

Secondly if the INTERIM Appointment letter does not mention anything regarding the notice period  which labour law is applicable in this case?

Even after joining the office no formal Appointment letter was given to me.

Please advice.

Still waiting for a reply.  Please advice.

Thanks

Shahnaz

The terms of notice period has to be explicitly mentioned in the appoitment letter/Standing order weather for Trainee/Probationers/Confirmed employees and no labour laws states the fixed days of Notice period but upper limit can not more than three months from either party. Untill it is a case of integrity/Theft/embezzelment/fruad proved and stated with due enquiry such termination with notice is not allowed as per the terms of law. One thing can be kept in mind that even in case there are some clause in the appointment letter that are not in line with various applicable laws shall stand null and void in the court of Law/Labour court. Please read standing order and discuss with some local labour counsel.

Learned experts have given valuable advice. Kindly follow it. Employee should give notice as a good gesture.

Kindly meet your employer and discuss your viewpoints and resolve the matter and submit formal resignation.

You have mentioned in your post that terms of notice are not given in your interim appointment letter.

Can you meet any employee of the company employed at the same designation as yours and have a look at his/her employment letter and find out what is the termination clause i.e. notice period, notice pay, in probation period. Company might have expressed employment can be terminated without any notice and assigning any reason.

Within 12 days you should have been provided appointment letter. If it is a big/good company and maintains HR page at their intranet for employee rules, standing orders etc, you can take the help of employee of the company to get these.

You can visit the o/o Labor commissioner in your city and meet the official and labor inspector with all of your records. You shall get the clarifications and accordingly you can proceed. It is always good to have access to a good lawyer, labor officer, consultant.

Thanks for your reply and valuable information.