Dear All,
I received an offer letter about three years ago, with a two-month notice period from my end of service or in-lieu payment, and a 60-day notice or in-lieu payment from the company's end.
On the date of joining, HR was in a hurry and assured me that all the content was the same as the letter I received over email, rushing me to sign off as my reporting manager was to leave somewhere and he had to get me onboard by then. So, accepting at face value and with general trust in the Tata group, I just did a sample check and noticed that the content was exact on all the samples (including the 60-day notice or in-lieu from the company's end). Unfortunately, in the sample check, I missed noticing that the recruiter had changed the notice period from two months to three months.
Now, after three years, I issued my notice and also had a discussion with my manager, who confirmed my relieving date. Based on this, I have confirmed to the new employer, closed my house contract, and arranged for relocation.
But now, the manager, without any discussion, directly wrote an email saying I have to serve 90 days instead of 60 days and directed a different relieving date to HR.
I have shared the original offer email with the offer letter I received from the recruiter. But, given the signed copy states three months, the management is asking me to serve an extra 30 days or pay in-lieu as they think they cannot find a replacement for me within 60 days.
Although it goes without saying that this is highly unexpected from a company in the Tata group and that this management is being quite impersonal, I am requesting advice here on what recourse I have now.
Notice Period Discrepancy and Legal Inquiry
Also, regarding the general law on notice periods, are employment agreements valid if the employer notes to give a lesser notice period (in my case, 60 days) to an employee whereas the employee is required to serve more (in my case, 90 days)?
Please advise.
Regards,
Mr. Yuvaraj
From India, Bengaluru
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I received an offer letter about three years ago, with a two-month notice period from my end of service or in-lieu payment, and a 60-day notice or in-lieu payment from the company's end.
On the date of joining, HR was in a hurry and assured me that all the content was the same as the letter I received over email, rushing me to sign off as my reporting manager was to leave somewhere and he had to get me onboard by then. So, accepting at face value and with general trust in the Tata group, I just did a sample check and noticed that the content was exact on all the samples (including the 60-day notice or in-lieu from the company's end). Unfortunately, in the sample check, I missed noticing that the recruiter had changed the notice period from two months to three months.
Now, after three years, I issued my notice and also had a discussion with my manager, who confirmed my relieving date. Based on this, I have confirmed to the new employer, closed my house contract, and arranged for relocation.
But now, the manager, without any discussion, directly wrote an email saying I have to serve 90 days instead of 60 days and directed a different relieving date to HR.
I have shared the original offer email with the offer letter I received from the recruiter. But, given the signed copy states three months, the management is asking me to serve an extra 30 days or pay in-lieu as they think they cannot find a replacement for me within 60 days.
Although it goes without saying that this is highly unexpected from a company in the Tata group and that this management is being quite impersonal, I am requesting advice here on what recourse I have now.
Notice Period Discrepancy and Legal Inquiry
Also, regarding the general law on notice periods, are employment agreements valid if the employer notes to give a lesser notice period (in my case, 60 days) to an employee whereas the employee is required to serve more (in my case, 90 days)?
Please advise.
Regards,
Mr. Yuvaraj
From India, Bengaluru
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Notice Period Discrepancy
Since you noticed that the notice period was changed from 60 days to 90 days in the offer letter, you should have raised this concern and made it clear that the notice period should remain at 60 days. Only then should you have signed the acknowledgment. Now that you have signed it for 90 days, the same will stand.
Hence, you should be careful when signing documents to avoid unnecessary complications. In any case, speak to the relevant person to determine if there is any way to support your argument.
Please let me know if you need further assistance.
Thank you.
From India, Bangalore
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202Since you noticed that the notice period was changed from 60 days to 90 days in the offer letter, you should have raised this concern and made it clear that the notice period should remain at 60 days. Only then should you have signed the acknowledgment. Now that you have signed it for 90 days, the same will stand.
Hence, you should be careful when signing documents to avoid unnecessary complications. In any case, speak to the relevant person to determine if there is any way to support your argument.
Please let me know if you need further assistance.
Thank you.
From India, Bangalore
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Service Period and Benefits Review
You have served for three years and above in the organization. You signed the copy of the offer letter three years ago; thus, you have cleared the probation period, and all benefits related to pay have been enhanced for the service period.
Verification of Benefits and Promotions
In the meantime, have you received the other benefits in written order? Have you received any promotions? Make sure to check the copies. What is the notification period for these positions? Have they revised all the terms and conditions mentioned in the offer letter? You have plenty of chances to get it revised during this service period; recheck it.
Advice on Organizational Relationship
Never blame the organization where you serve. We must update ourselves.
Best of luck...
From India, Arcot
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You have served for three years and above in the organization. You signed the copy of the offer letter three years ago; thus, you have cleared the probation period, and all benefits related to pay have been enhanced for the service period.
Verification of Benefits and Promotions
In the meantime, have you received the other benefits in written order? Have you received any promotions? Make sure to check the copies. What is the notification period for these positions? Have they revised all the terms and conditions mentioned in the offer letter? You have plenty of chances to get it revised during this service period; recheck it.
Advice on Organizational Relationship
Never blame the organization where you serve. We must update ourselves.
Best of luck...
From India, Arcot
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Notice Period Extension Letter Format.doc