Notice Period - Do they have rights to raise my notice period by more than 2 months? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Nathrao
Insolvency N Gst Professional
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Aks17
Compliance Manager

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Recently I have got an offer from an MNC and inside the offer letter there is a close mentioned below
"You agree to provide xyz infotech with prior notice of at least 2 months of your resignation, which shall be effective at the end of the notice period unless agreed otherwise. The company management has the discretion for any notice period waive-off based on the work obligations"
I have a question: Do they have rights to raise my notice period by more than 2 months?
Any help will be highly appreciated.
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The clause mentioned in the appointment letter is not giving the company any blanket power to revise the notice period. It only says you have to give two months minimum notice but you could give more, and the management has the right to waive off a part of it as it deems fit.
I think that the poster gets confused with the phrase " discretion for any notice period waive off ". The term "Waive off" literally means "to refrain from doing something" and in the context of giving two months notice on resignation, this clause vests the Management with some discretion to do away with such a condition or relax it altogether. It does not mean as it is that the Management can increase the notice period because it can be increased formally any time by amending the service regulations.
Dear ANNONYMOUS Friend,
It seems to me that the clause in the offer letter as stated by you is not well drafted by your prospective employer.
I too feel like Umakanthan Sir that you are confused with this clause.
No management has a right to increase the notice period but it can reduce the same depending upon circumstances prevelling that time. It is a discretionary power of the management to waive your notice period.
The clause says and specifies that employee has to give minimum 60 days notice for exit.
Company always retains right to reduce this period at their discretion.
On a plain reading of this clause without reference to any other clause of the offer letter, the company cannot insist on you giving say 90 days notice.
So dont worry.
Hi
No, they cannot raise the notice period any longer than what is already given in the appointment letter, unilaterally.
As it stands there is nothing to worry as already suggested by one of our esteemed members.
Thanks and Regards
Dear Colleague,
From the badly worded relevant clause, one fails to understand what is the connection between giving xyz info to giving notice for resignation .
The waiver clause appears to give right to the Employer to waive off notice period which is more in favor of the employee. But it does not empower the Employer to increase the notice period unilaterally.
Regards,
Vinayak Nagarkar.
HR- Consultant
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