sachin-pawar1
Hi Under what circumstances can an employer extend my notice period.

The appointment letter says "You shall intimate to the company 60 days in advance if you desire to leave the services".

Am I legally correct if I say no?.

From India, Noida
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Saswatabanerjee
Partner - Risk Management
P-lekha-jacobs
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saswatabanerjee
2289

Please explain your problem in details Members wouldn’t be able to guess the same
From India, Mumbai
p-lekha-jacobs
46

Sachin - the answer is no. An employer may not extend notice period unless there is a provision written in appointment letter. If 60 days is the notice period, then an employer should not hold the employee beyond 60 days for any unspecified causes.

In certain circumstances, we see that employers do resort to unprofessional practices like this - it is not right. An employer and employee relationship is governed by an employment contract, simply.

If this has occurred with you, you have the legal right to obtain in writing specifying the causes of extension of your notice period.

Employers do have a backgrounds like unsatisfactory work performance, insubordination, indiscipline, etc. to hold back an employee from going. Please ensure that you are are fulfilling your duties timely and in a right manner.

Thank you.

From India, Delhi

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