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Karthick   28 June 2021

Resignation before offer letter

Hi,

 

Can somebody help me in explaining I will face a problem if my resignation date is prior to offer letter date from the next company ?



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 6 Replies

G.L.N. Prasad (Retired employee.)     29 June 2021

Come out with facts as to there is a signature on appointment letter with due service proof accepting for an appointment and whether employee joined the duty and submitted joining report.  A resignation letter date is not relevant as one can put any date and service

Karthick   29 June 2021

Sir, just i need to know whether will i face a problem if i resign before getting a offer which is expected in a couple of days.

G.L.N. Prasad (Retired employee.)     29 June 2021

If one wishes to resign, it is decent on his part to inform that he is not interested in the job and drops his application for the job, and there is no necessity to send an appointment letter as a candidate is not interested in joining the duty.   This helps the employer to provide such employment to a suitable candidate next in the list or for some other.

In expectation of the offer letter in a couple of days, deciding to resign with a past dated resignation letter is not correct, proper.

An offer is a train of gun powder, and the acceptance is like a simple lighted match for the contract to blast the commencement of a contract.

When there is no offer, when there is no agreement of such appointment order there is no employment contract.

If you wish to resign immediately send an email or make a phone call followed by a hard copy of the letter like a decent man having such courtesy.

To me (I may be wrong also) it appears you wanted the offer letter to show to some present or proposed employer to bargain out higher emoluments and you are not really interested in the job you have applied for.

 

Nirali Nayak   30 June 2021

Hello sir, greetings of the day.
As per your query, it is a very risky move to resign without getting your offer letter. You should not take any action until you have received the offer letter in writing from the company or your new employer. A verbal offer of employment means nothing until it has been confirmed in writing so always wait to receive the written contract before you approach your current employer for resignation. Please wait till you have the offer letter and then resign. Keep in mind that employment is a contract that is a binding document. So your new employee must issue the offer and it should meet your expectations or follow what you have discussed. It is safe to resign after that. Just imagine if you resign your current job without getting any offer letter and then your prospective employer went back in their words citing strategy, management change, restructuring, internal hiring etc or worst is they offer you a salary or position that is not what you discussed. You would be regretting resigning without the offer. Hence it is better to get the offer letter before you resign. 
Verbal job offers are as binding as written offers so where a verbal offer is made, and verbally accepted, a valid legally enforceable contract of employment is formed even though there is nothing in writing. But the verbal offer should be closely followed by written confirmation which must outline the terms and conditions that will apply. This will ensure that you have the job in your hand.
Therefore, in my advice you should always get the job offer in writing before you decide to resign.
Hope this solves your query.
Regards
Nirali Nayak
Law Student

T. Kalaiselvan, Advocate (Advocate)     01 July 2021

The employment offer letter sent by the employer has to be signed by the employee accepting the conditions set out therein, until then he cannot be termed  as an employee of that organization.

If he is not an employee of that organization then there is no question of he tendering his resignation to resign the job which actually is not existing. 

So, you may come out with details of your problem so that you can get more proper opinions provided you are really serious about your problem.

bhavik shah   14 December 2022

THANK YOU MADAM


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