Aniket Pathak
Sr. Officer Hr
KK!HR
Management Consultancy
Consultme
Entrepreneur
Manav11
Team Lead

Hi, I am working in IT sector. I joined my company in Jan 2014. In my appointment letter its says
It is understood and agreed that this appointment, after confirmation, may be terminated by either party by giving to the other at any time, notice in writing of one month. The termination shall take effect at the end of such notice period.
Other Terms and Conditions
During your employment, you will be subject to the service rules, regulations and policy of the company applicable from time to time.
The terms and condition contained herein shall be read along with the instruction, guidelines. policies etc, and amendments thereof as presently applicable to you and as may be amended from time to time and as may be made applicable to you by the company subsequently during the course of your employment.
In Jan 2017 Company has revised the policy and notice period has increased from 60 days to 90 days. Now HR is forcing me to serve notice period of 90 days because policy has changed,
Neither I get any communication from HR Mail/ Updated appointment letter nor i acknowledge this at that time either mail or signed document.
what should i do?
Company can abscond me if I serve notice of only 60 days.
How can I complete my FNF reliving letter?
I tried to convince HR Head but she is not accepting this. She is forcing me to serve 90 days notice period?
what should i do?
Pls Suggest......
Should i need to go Legal?
1. You are bound to obey the terms agreed in appointment order, company policies and procedures.
As notice period is something which both the parties are agreed, a change in that also should be agreed by both the parties. One party can not take a decision and say the other to agree. If you have not received any mail or any other communication in explicit manner, HR of your company is wrong and the officer can not force you (may request) to serve notice period of 90 days. This is an unfair practice and a clear violation of contract terms
2. Normally when companies changes the notice period rules (Eg:- 45 to 60), then for all newly hired employees, the appointment order will be issued accordingly. All other employees continue to have 45 days notice period. After a few years company may increase it to 90 and this is for the new set of employees.
Companies having lazy HR and no clue on employee engagement and happiness will do all these repair work and expect magic. My recommendation is serve whatever period and get relieved from your current establishment. More debate with this kind of people will load you full of negative energy.
Also when you join another company, understand the company, their business, values, culture, talk to a few employees, see the visibility in social media, glassdoor, and not just get convinced by the interviewers or HR or a heavy offer.
Thanks a lot, Sir, I have one more query. I have clearly said in my communications to HR that I will serve only 60 days notice period which is as per my contract.can company declares a abscond notice against me and How can i clear my FNF??
Please, communicate the same to hr that you are bound to serve notice of only one month and will go legal if company didnt relieve you or hold your fnf. I say if you have to join somewhere do this if not serve the notice as sometimes when you leave in the middle of the project hr ask you to stay till project complition.
Thanks Aniket, I had a chat with HR Head regarding this he told me that company has changed the ploicy so you must serve 90 days notice period what should I do ??
HR should intimate about change in the policies well in advance and not when some body resigns.
Please check if the official communication is received on this either by your HOD or the notice board display has been made or a HR manual revision has happened before going further.
If you are sure the information is not passed then you can give an official email on that and leave at your relieving date.
Alright company has changed the policy but you didnt accepted that change..also if appointment is an agreement then there should be mutual consent. However there must be a clause in your appointment letter of policy can be changed by employer. Please check it.
Pls Check
It is understood and agreed that this appointment, after confirmation, may be terminated by either party by giving to the other at any time, notice in writing of one month. The termination shall take effect at the end of such notice period.
Other Terms and Conditions
During your employment, you will be subject to the service rules, regulations and policy of the company applicable from time to time.
The terms and condition contained herein shall be read along with the instruction, guidelines. policies etc, and amendments thereof as presently applicable to you and as may be amended from time to time and as may be made applicable to you by the company subsequently during the course of your employment.
Dear manav11, as per rule of any policies or constitution it has been unanimously accepted by every one when Hr has amended this policies you must have heard it and aware it.because none of Hr is so irresponsible who hit his/her legs by own axe. however if he made new policy for new employee and you are not communicated by him then the matter is stand that you are separated from this.but any how you are aware of it and you just sow the ignorance of not being known.
if so you are penalized for absconding.Although my talk you feels stiff but this quiet right. Please look it seriously and then decide to leave in one month but if you known please fallow the hr as per she he say
thanks and regards
Ashutosh (HR Gen.)
Thanks for your response Ashutosh, as per earlier thread here agreement should be accepted both the parties if one of them fails it void. Kindly correct me if I am wrong.
Dear Manav, While mutually agreeing for a notice period of one month, you have also agreed for service rules, regulations and policy of the company as applicable from time to time. It is not very difficult to prove that the applicable company policy at the time of resignation was 90 days notice period. So there is much force in insisting for notice period of three months. In case you fail to serve the notice period, then the company can take action including presumption of abandonment.
To be a valid agreement it requires mutual consent. You are right, but at the same time you have also agreed on a blanket clause providing for applicability of service rules, regulations and policies of the company. So there is an arguable point in favour of enforcement of three month notice period.
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