Can without stamp paper embossed offer later have legal value?
Sagar
(Querist) 05 April 2012
This query is : Resolved
Dear Sir,
I am in a difficult situation and I need your expert legal opinion on this matter. Sir, I have been employed by Private Coaching institution for last four months as Center Manager here. However, I have not been given my job offer later so far. Salary is credit so far, however, working atmosphere at my current job is worst and I recently get some better offer from another coaching institute. Now, I have not signed any document here, but at the time of interview, it was verbally agreed that there will be 45 days of intimation period to leave job. Now, somehow, my current employer has come to know that, I have got better offer from his competitor. Now, he is asking me to sign offer later. He had not credited my March month's salary so far, he generally credit salary after 10, to prevent someone to leave without intimation. Now, my question is: if I accept and sign offer later and then after getting my salary, if I leave my current job, then can my current employer take some legal action? Sir, please also note that, my current employer is not giving me Stamp Paper embossed offer later, he is just giving offer later mentioning some details and agreed matters between both the parties. So, can he take legal action without stamp paper embossed offer later? Please help me and show me the way to come out this situat ion, I will be highly obliged to you for the same.
ajay sethi
(Expert) 05 April 2012
it is not necessary that offer letter must be on stamp paper . it is sufficent if offer letter and terms of appointment are on letter head of coaching instiute .
since you have got a better job and are not happy in your current employement inform the instiute that you do not woish to continue any more .
is your march salary substnatiil amount . ?
request in writing to pay your march salary and inform them that in event of failure to pay you wont be able to continue working any more and shall be leaving by end of month
Guest
(Expert) 05 April 2012
Since as such there is no offer letter signed by you, no conditions of employment apply to you till you work in the present coaching centre. You may send a legal notice for claiming March salary. You may also intimate your resignation in the same letter itself and your employer cannot raise any legal objection for it.
V R SHROFF
(Expert) 06 April 2012
do not sign any letter, just join another job
Sagar
(Querist) 10 April 2012
Dear Ajay Sethi Sir,
I am getting 20K per month as a salary. So if sign offer later then get March Month salary and then if i leave without intimation then, do u think that my current employer can take legal action? As such, I will be losing my 11 days salary of April month already if i leave without intimation. But, isn't it completely unprofessional to not to give offer later so far for four months after joining and now suddenly asking me to sign offer latter by my employer?
ajay sethi
(Expert) 10 April 2012
if you sign offer letter then you are bound by terms and conditions . you cnanot leave without intimation . the employer may issue legal notice but we cannot say whether he will take legal proceedings
