If there is no notice period clause existing in the offer

You have to follow terms & conditions of your appointment letter. 

Hi Rama,

Thank you for the reply. 

Actually appointment letter was not issued. The company issued only offer letter and I joined after accepting the same

Offer letter does not have anything mentioned about - resignation , job termination and notice period.

So, If i just stopped working one morning , isnt it ok? Did i break any term/condition here?

Same day I informed(verbally) one of the company employee, Not the HR though.

HR called 3-4 days later and I  informed(again verbally) that my last working date was 4 days back. 

e.g. She called me on 23rd april and I told that my last working date was 19th - all verbal

 

Offer letter did mentione about my post in the company, annual salary(no break) nothing more though.

I worked there for 3 weeks. So Am I entitled for the 3 weeks of salary or not?

Thanks

Abhishek

 

@ Abhishek,

You have stated that the company did not issue appointment letter to you and you have joined just on "acceptance" of their "offer", is it not an appointment ?

Offer letter must have all terms and conditions of appointment, read again. It is unbelievable that notice period is not mentioned where specifically HR of the company is stated to have been working independently.

If you have moved out "one fine morning" without intimation to any one or formal resignation after 3 weeks service, what do you expect ?

Prima facie it is a hypothetical "time pass" story.

 

Dear Omprakash, 

I appreciate your reply. 
Let me tell you that I was working very hard - 6 days a week(generally IT companies have 5 days), 10-12 hrs per day. FYI, in total I worked there 17 days(including sundays)
Also, on a public forum like lawyersclubindia - I need to be technical only , isnt it?

What are your thoughts now? Was it mandatory that I had to formally resign - technically?
Should I not be paid - technically/non techically?

Thanks
Abhishek

Dear Dr Vashistha, 

Thank you very much for the reply. 
Yes, I joined the company after accepting the offer letter. 

Offer letter did not mention absolutely anything about notice period.
It did mention about :
- Designation, Salary, Joining date. 
- Also this - "Detailed policies will be described in the letter of Appointment"

Appointment letter by itself was never issued.

I joined immediately after lockdown , so I stared and left company - all work from home. So there was no formal way to inform anyone  that I am leaving.
Though i did inform my closest colleague next day that - i have left.
For your info - Companies culture was poor, people were almost forced to say Sir/Madam to founders. One founder was threatening to fire me starting 5th day of my job. Also there was no assurance of any salary from HR - e.g. a mail from HR asking bank acount - would have helped. Companies culture was the main reason I left it in 3 weeks. 

Kindly let me know your thoughts.

Thanks
Abhishek

Looks like you are entitled to salary for the days you have worked. Since there is no notice period or pay in lieu thereof, you are not required to pay anything to your employer. On the recovery part, first you may start with a demand notice. Later you may file case under ID Act or S&E Act or Payment of wages Act depends on your nature of work and/ or nature of company.

Hi Ritesh,

Thank you very much for the reply. I understood I did not have to give notice period

However,  Did I need to formally resign(which means without notice period)?

 e.g. or similar

"Hello,

I want to follow a  different career and I am resigning.

Thanks"

If yes, then thanks for the other things mentioned - I will follow the same.

Could you please comment

Regards

Abhishek

Dear Mr Om Prakash ji, kindly refrain from commenting, judging or taunting. Let's just help to the best of our capability and let rest in the hands of the querist and other members of the forum. Thanks!

Thank you very much everyone till now, including Raghav - Abhishek

Totally get your point Om Prakash Ji, however, being an expert and that too in the legal field, having to come across 100s of people each day, you should be the best person to apprehend a reply from a querist that does not fit the discussion. If we all were as knowledgeable as you and other experts are, would we need forums like LAWyersClubIndia?

Although, there is no arrogance that could be sensed from Abhishek's replies until he was triggered by the 'Mausi ka ghar' comment. 

Further, I don't see a reason to tell Ritesh Ji's answer to be shaky and inefficient. Plus, I am not looking for a debate on the same.  

 

Kindly understand the point you have already understood. We look up to you and other senior experts to lead by examples. 

Let the querist decide what is right and wrong for him after he has recvd the suggestions from all the active experts. 

 

Thanks.