Manojkamble
Sr. Hr Executive
KK!HR
Management Consultancy
Consultme
Entrepreneur
Narashima_7
Facilities

Hi All, In my offer letter when I joined, notice period was 1 month later they included below statement it's been increased 2 months. now am serving notice period. kindly help with solutions. Request you to help me with notice period buyout options.
This is maintained in the offer letter: This appointment is subject to one months’ notice in writing by party subject to the following additional obligations where termination takes place in following
Termination of employment by you:
You are required to provide us with a minimum if 1 months notice if you decide to terminate your employment with us in the event that you.
1. Fail to provide a minimum of 1 months’ notice; or 2. Fail to work through that 1 months’ notice period and co-operate in an orderly handover of your work, you shall forfeit the equivalent pay in notice.
If having agreed to provide this period of notice when terminating your employment, you nonetheless fail to give or work that period of notice, then you shall forfeit the equivalent pay in lieu of notice.
Maintained in the increment letter:
Revision in the period of notice for termination of employment. The company having regard to the exigencies of business and to ensure uniformity and continuity in the period of notice for termination of employment in non-director level employee category, the notice period stated in your letter of appointment stands revised from 1 to 2 months. The said change will come into effect from Apr-16.
I have joined in the Sep 2015, completed 2 years with organization. Request you to help me with buyout options.
1st November 2017 From India, Mumbai
If you have accepted the notice period change dated Apr 2016 (in writing), then you are bound to follow that and otherwise as per your original offer letter only.
2nd November 2017 From India, Bangalore
Dear Narhima,
I think your company had played a smart move and added the clause in your appraisal letter for notice period change which surely you must have acknowledged in writing. Thus, yes you are bound to serve or pay in lieu of 2 months notice period.
2nd November 2017
Thank you for your reply sir, I didn't accept in written or verbal. But they stated its changed as per apprisal letter. Now my 1 month notice will complete on 5th November 17. Am awaiting for approval. As per my offer letter term it is mandatory to have approval for buyout .
2nd November 2017 From India, Mumbai
Dear Narshimha,
You are telling that as per you
1. The appointment letter issued and accepted under your signature, the notice period was 1month.
2. Afterwards there was some alteration in terms of notice period from1 month to 3 month.
3. Whether this alternation time period has got signed by you as an acceptance?
If the statement No: 3 is No, then you are stipulated for 1 month notice and refere the appointment letter No & date.
4th November 2017 From India, Mumbai
The question of notice period being only one month or the revised two month period is applicable is a question of fact and each side will have their own points in favour. But you seem to be on a better wicket, I hope there is no general clause that you will be bound by the company policy as amended from time to time. Normally all companies have such a safety clause. Pl check the same.
Now as regards buy out of the notice period, it is an option resting with the employer. In your case, company rules state the service during the notice period has to be to its satisfaction, otherwise salary amount can be deducted. So, even after serving the notice period, there is no guarantee that they will not deduct notice pay. So the better option seems to be to negotiate with the superiors and arrive at an agreed sum, pay it and say good bye.
4th November 2017 From India, Mumbai
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