Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants

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Anonymous
In my current employment I have have signed contract for 2 month notice pay 8 years back in year 2012. Now company is taking 3 month notice pay but as I have signed contract for 2 months and post that I have not signed or agreed longer notice pay so what notice period I should serve? It is 2 month or 3 month.
From India, Chennai
Whether the unilateral change in the notice period was already communicated by the employer either individually or through a common notice?
From India, Salem
Anonymous
Because of longer time duration(8 years) been in this company I can't recall.
Adding to the background bit more
Earlier I had been in other unit of company where I signed contract for 2 month notice period.
Now the unit where I moved there employees are serving 3 month notice period. It may be because this unit of company is getting into contract for 3 month notice period .
I tried checking policy could not find there any thing such.
I think regarding notice period company will not publish any policy but execute the contract for terms of employment

From India, Chennai
Appointment Letter issued by an Employer, is a Legally Executed Documented which Defines "Terms of Employment" Offred to and agreed to by the Adressee (Employee or Probationer etc at the time of joining) and can not be "altered unilaterly" by Anyone of the Two Contracting Parties.
In such Cases as one cited, the Employer's Unilateral Action is Lopsided, patently Unfair, Unjust,Improper and thus Unlawful. Even on the pretext that in the Unit you were transferred / Deployed, some other Provision is applicable to all other Employees.
You can represent your case and seek and secure Justice.
Harsh K Sharan,
Kritarth Consulting,
28.5.2020

From India, Delhi
Unilateral change of duration of notice period is unlawful , capricious and against the terms of contract of employment.
You have a strong case to fight against any such case of unfair expectation of the employer seeking 3 months notice for resignation. YOU ARE FREE TO WALK OUT AFTER SERVING NOTICE PERIOD FOR TWO MONTHS AS PER CONTRCAT AND YET SEEK YOUR TERMINAL DUES WITHOUR ANY LEGAL RISK , IN THE EVNET OF YOUR EMPLOYER NOT RELIEVING YOU FROM SERVICE ON CLOSE OF WORKING HOURS OF 60THE DAY OF NOTICE PERIOD
Panchsen

P.Senthilkumar,

From India, Chennai
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