Insolvency N Gst Professional
Compliance Manager
Human Resource Executive

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Hi Folks,
I have a query regarding the notice period when an employee resigns. An employee working as a Web developer from past 13 months with us. He submitted his resignation on 28th of February. Since he is the only person working as a web designer and carrying out ongoing projects in the organization, therefore, the employer wants him to serve two months of notice to recruit and knowledge transfer to another person for the same post. However, in the employment contract, the minimum notice mentioned is 30 days.
So is it illegal on an employer's part to ask for 60 days of notice depending on the situation?
Please help me out here.
Thanks in advance

You are bound by the contract.
Cannot compel him to work more days than notice period.
Probably if he is so important offer him higher pay or a special bonus to retain him.
Anyway always keep a standby so that firm is not dependent on one person only in future

Thank you for the help,
The employer is very adamant about he is serving notice of 60 days instead of 30 days. As he believes that notice periods are at employer's discretion. As an HR professional, I am trying to convey that there should be only 30 days of notice as per the contract but failing to do that.
We are a startup and have agenda to hire people 3 people for one job, as we are progressing towards it, this is something came up as a surprise.
Thank you for the prompt suggestion.

You may check out with the concerned employee if he has committed to his other employer[new] the joining date in which case it is highly unlikely for him to stay put. But it all depends on dealing tactfully though you may not win all the time. Check with him what made him to go for another employment, whether it is the salary or atmosphere etc, this might help you in rebuilding the work culture, if necessary. Better do not invoke any harsh remedies in this case as he is not bound to stay more than 30 days, unless he can make adjustment with his potential employer. It is a small world and you may come face to face with him at one time or the other. Settle amicably and see that you convince your employer too on the issues involved.
Employer cannot be adamant in this case as he is breaching his own contract with employee. This kind of wrong insistences can create bad blood and lead to legal battles.
The reason mentioned by him is the traveling issue. He is moving with his family to a farther place than this. (Greater Noida to West Delhi). Tried to probe him to know the exact reason but he only mentioned this family situation, hence, as per him he isn't taking another offer he is just quitting the job and will probably look for other jobs in a month or so.
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