Head - Human Resources
Statutory Complaince/labour & Employment
Legal Counsel
[email protected]
Employee Engagement And Retention, Day To
Recruitment/talent Acquisition, Career Counselling
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Agile Solutionist
Legal, Personnel Admn. And Hr
+1 Other

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear All,
Yesterday I have resigned, when I resigned company policies was 30days notice period, suddenly in the evening they have sent mail says that notice period changes 30 days to 60days effective today. Whether this rule is applicable to me as I resigned in the morning before the policy changes.
I can not serve notice period due to my marriage. So how to solve this issue, but I am ready to pay the notice period.
Is there any rule that employee has to serve the notice period in any organisation?
Suggest me.

From India, Hyderabad
Hi. If you have in written policies of "30days notice period" that is enough for you. You can show to company or to legal adviser.
From India, Delhi
Thanks Mukul,
I am having the appointment letter in that it is mentioned 30days, But now they have changed the policy and sent by mail as it is applicable from today onwards,
I think that doesn't applicable to me am i rite.

From India, Hyderabad
ur rite, nobody can change the rules overnite n espectially when u have nt been previously told abt it earlier n nor have u accepted it in writing anywhere. may be they have changed it for the rest of the staff members so better off u clarify..
From India, Chandigarh
Hi, Company got the right to change any policy, any time. However notice period is part of the appointment order and is one of the mutually agreed terms and conditions. To revise this, authorization from employee(s) side is also required.
A legal professional can assist you. However, if possible, speak to your management and settle the issue, out of court.

From India, Bangalore
Dear Bhaskar, Did they acknowledge your resignation over a mail or anything of that sort, before they sent the mail in regards to the new rule on notice period ?
From India, Bangalore
Dear Bhaskar,
I could see the discussion taking a wild shape.
See, the policies, when changed, it is intended to apply to every employee in the organisation, however, a marginal time exemption should be in provision for those on the verge of the implementation of new policy.
There is no need to immediately run to court or legal advisor. Assess the current position. Talk to your boss. Once we, on the forum can understand your personal problems, it is positive, your boss or his boss will surely understand this. If not, you have been working at a very wrong place. Your decision to quit was the best. That's all. The maximum penalty for not serving the notice period is notice pay.
Try and solve the problems amicably. Be good to even those who were not good to you. Speak politely, explain your problems and resign gracefully.
Take care.

From India, Madras
As far as i know, an individual must abide to policies and regulations whatever mentioned in offer letter or (Consequent appointment letter).
If the letter states you need to serve notice for 1 month then that is sufficient enough( you can speak to your HR showing respective letters).
Just check if your organisation has anywhere mentioned clause saying "Management has right to change the rules without any prior notification", if such clause exits you need to abide by what your organisation says.
Best Luck

From India, Mumbai
Hello Bhaskar, Pl respond to Mahesh’s query. It’s a loaded one & I think your reply could decide the options you practically have. Rgds, TS
From India, Hyderabad
Dear Baskar,

If in your appointment letter the notice period is mentioned as 30 days and as a company wide policy the notice period is changed to 60 days it does not mean that your employer has to communicate to each and every employee and get his concurrence. It is just an amendment to an existing policy. Imagine if the establishment employs 5000 people then it will be practically impossible to give a letter in writing and obtain concurrence for every amendment.

As pointed out by Mr.Mahesh, you have only resigned from the job but has the resignation been accepted. Only if it is accepted it is deemed that you will be relieved from services but as per stipulations laid down in the acceptance letter. If there is no mention about the relieving then the clause in the appointment letter or the amendments thereafter will be applicable.

Please note that a notice period is the breathing time given to our HR department to locate a successor and also for the respective department to reallocate the responsibilities of the outgoing candidate.

Strictly going by the rule book even leave availed during the notice period will have to be served by the employee.

The other aspect is though you have submitted your resignation in the morning, technically you are in service till the close of working hours of the establishment and any amendment during the day automatically becomes applicable to you.

I would recommend that you need to discuss with your boss instead of fighting it out. While it is appreciated that you are willing to pay the notice pay, it is better that you gear up and pay up for 60 days instead of 30 days voluntarily to diffuse the tension.



From India, Madras

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Coô