Dear All
I received an offer letter about 3 years ago, with two months notice period from my end service or in-lieu payment, and 60days notice or in-lieu payment from Company end.
On the date of joining, the HR was in a hurry and was assuring me that all the content was same as the letter I received over email, and was rushing me to sign off as my reporting manager was to leave somewhere and he had to get me onboard by then. So, accepting on face value and general trust on Tata group, I just did a sample check and noticed the content were exact on all the samples (including the 60 days notice or in-lieu from company end). Unfortunately, in the sample check, I had missed to notice that the recruiter has 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 which, 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 the HR.
I have shared the original offer email with the offer letter I received from the recruiter. But, given the signed copy states 3 months, the management is asking me to service extra 30 days or pay in-lieu as they think they cannot find a replacement for me within 60days.
Though it goes without saying that this is highly unexpected from a company in Tata group and that this management is being quite impersonal. I am requesting for advice here, what recourse I have now?
Also, on general law on notice period, are employment agreements valid if the employer notes to give lesser notice period (in my case, 60 days) to an employee whereas the employee is required to service more (in my case 90 days)?
Please advice.
Regards
Mr Yuvaraj
From India, Bengaluru
I received an offer letter about 3 years ago, with two months notice period from my end service or in-lieu payment, and 60days notice or in-lieu payment from Company end.
On the date of joining, the HR was in a hurry and was assuring me that all the content was same as the letter I received over email, and was rushing me to sign off as my reporting manager was to leave somewhere and he had to get me onboard by then. So, accepting on face value and general trust on Tata group, I just did a sample check and noticed the content were exact on all the samples (including the 60 days notice or in-lieu from company end). Unfortunately, in the sample check, I had missed to notice that the recruiter has 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 which, 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 the HR.
I have shared the original offer email with the offer letter I received from the recruiter. But, given the signed copy states 3 months, the management is asking me to service extra 30 days or pay in-lieu as they think they cannot find a replacement for me within 60days.
Though it goes without saying that this is highly unexpected from a company in Tata group and that this management is being quite impersonal. I am requesting for advice here, what recourse I have now?
Also, on general law on notice period, are employment agreements valid if the employer notes to give lesser notice period (in my case, 60 days) to an employee whereas the employee is required to service more (in my case 90 days)?
Please advice.
Regards
Mr Yuvaraj
From India, Bengaluru
Yuvaraj,
Since noticed that while signing the offer letter it has been changed from 60 days to 90 days, you should have pointed to the concerned that the notice period is 60 days and should have made your sand clear that notice period should be changed to 60 days then only you will sign the acknowledgement, now that you have signed it for 90 days the ame will stand.
Hence you should be careful while signing documents else it will lead to unnecessary complications. Any way speak to the concerned to find out is there any way your argument will substantiate
From India, Bangalore
149Since noticed that while signing the offer letter it has been changed from 60 days to 90 days, you should have pointed to the concerned that the notice period is 60 days and should have made your sand clear that notice period should be changed to 60 days then only you will sign the acknowledgement, now that you have signed it for 90 days the ame will stand.
Hence you should be careful while signing documents else it will lead to unnecessary complications. Any way speak to the concerned to find out is there any way your argument will substantiate
From India, Bangalore
Dear Friend,
You have served for three years and above in the organisation, you have signed the copy of offering letter three years from now, thus, you have got probation period cleared and all benefits related to pay enhanced to the serving period. In this, meantime have you got the other benefits in written order and promotions, certainly check the copies, what is the period of notification for these position is being held have they revised all the terms and conditions mentioned in the offering letter. Thus you have a plenty of chances to get it revised between these period of service, recheck it. Never blame the organisation where you serve, since, we have to update ourselves.
best of luck ...
From India, Arcot
You have served for three years and above in the organisation, you have signed the copy of offering letter three years from now, thus, you have got probation period cleared and all benefits related to pay enhanced to the serving period. In this, meantime have you got the other benefits in written order and promotions, certainly check the copies, what is the period of notification for these position is being held have they revised all the terms and conditions mentioned in the offering letter. Thus you have a plenty of chances to get it revised between these period of service, recheck it. Never blame the organisation where you serve, since, we have to update ourselves.
best of luck ...
From India, Arcot
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Notice Period Extension Letter Format.doc
Offer letter.pdf