Can A Company Change Their Notice Period Without Intimating Their Employees

I am working in a software company. In my offer letter, it has been mentioned that the notice period is 1 month. However, now they are asking me to serve for two months as they have changed their notice period. Is this legal?

Can a company change their notice period without intimating their employees? I am working in a software company. In my offer letter, it has been mentioned that the notice period is 1 month. However, now they are asking me to serve for two months as they have changed their notice period. Is this legal?

Well, Rinshard, the company needs to pass its new amended policy across to all its employees so that they are aware that the notice period has changed. If they haven't done that, then it is not your fault. You can request them to release you in one month and ask if you can buy the rest of the 1 month.

I am also in the same situation where the company policy has been changed in such a way that an employee has to serve 2 months of compulsory notice. The option of buyout has been withheld even though the company policy says an employee can buy it out in case of extreme situations where it would be possible to serve the 2 months.

As per my knowledge, no company can change the notice period without intimating employees. The notice period mentioned in the 'Appointment Letter' is more valid than the offer letter. So, I would suggest you, Rinshad, check your appointment letter rather than the offer letter.

Dear,

If your appointment letter says one month, then it will be one month only. If management wants to change the policy, then your signature should be taken on such an amendment. Whatever the management is asking is invalid.

Hi,

An appointment letter is more or less an agreement. When an appointment letter is issued to an employee, the employer takes their signature on the duplicate copy of the appointment letter as a token of acceptance of the terms and conditions stipulated therein. Hence, without your consent, the employer cannot change the terms laid out, and no clause given in the appointment letter can be altered without the employee's acceptance.

Therefore, you have the right to serve a one-month notice period and leave the organization once the notice period is completed. The employer is obligated to settle your full and final account without causing any harassment to you.

Mohan Rao Manager HR

Hi,

Management has every right to amend the policies at any point in time, including the notice period, but the same should be circulated to all employees. When it comes to the notice period, yes, they can change the period and terms, but the same should be intimated to all employees. A letter should be drafted, stating that the notice period is changed from one month to two months, and HR should obtain the signature from the employee. Only then does the two-month notice period become valid and come into effect.

Talk to your management and get it settled.

No, they cannot change. As a legal document, what you have stands as it is until you receive a modified version, and the one you have is taken back.

But I have a doubt: what if an employee does not accept amendments to the notice period policy after signing the appointment letter? Can a company force employees regarding the same?

Dear Rinshad,

Can you please recheck your appointment letter, confirmation letter, or promotion letter for the notice period clause? There is a possibility that after your confirmation, the notice period may have been increased to two months. Additionally, you need to review the promotion letters, as in certain companies, the notice period changes based on your position or grade within the company. If this clause is not present, then there is no need to serve the company for two months.

Dear All,

The company can change the notice period anytime, but it should be circulated to employees when any amendment is made. This also depends on the strength of the company and, most importantly, the professionalism of the company.

Please check your appointment letter carefully, as some appointment letters contain a clause stating that the company has the right to revise the policy at any time, and you are required to abide by it.

In my opinion, you should speak with the HR department after reading the appointment letter. Clarify with them and act accordingly.

Hi,

Yes, a company can change the notice period after amending their policy. But this amendment should be properly notified and should not have a retrospective effect. It should be effective for new joiners. If it does have a retrospective effect, then it should be communicated to all employees who will be affected by such a change. If they have not given such intimation, then they cannot forcefully impose it on you. Be brave and fight for your rights.

Best Regards,

Sudi
HR

Hi,

The company should inform the employee and obtain their signature on the document. If there are any issues, you should immediately seek resolution through the labor court.

Thank you.

Hello Rinshad,

Though Management has every right to amend the policies at any point in time, including the notice period, the same should be circulated to all employees, and signatures of all employees should be obtained for acceptance of a 2-month notice period (for those employees who joined before the changes or whose appointment letters have terms and conditions of a one-month notice period).

The appointment letter serves as a bond of terms and conditions applicable and accepted by both the employee and employer. In your case, a 30-day notice period is valid. There is no need to serve a 60-day notice period if HRD has not circulated the notice of a 60-day notice period, and if you have not signed any copy or document related to the same.

I recommend discussing this matter with HRD first to seek clarification.

Regards,
Brijesh

The management is ultimate authority to change and include new amendments in the policies. But it must be communicated and circulated to each and every employee of the organization. Unless and until if it’s not communicated or documented no body can enforce any sought of action against the violation of rules which changes time to time.

Dear,

Regarding the same, I would like to confirm with you that it's clearly mentioned in the appointment letter. Secondly, there is one more thing: the number of days can be increased if you have received your confirmation letter, but this should also be mentioned in the appointment letter.

Pankaj

No, it is very clear that they can't change the notice period without intimating employees. But we all know, there is no point in fighting with them on any topic because if you want to leave, you will need a relieving letter. You can request them in writing that you were not aware of this, and the company did not inform us. I am in an extreme situation.

Rinshad,

If the company did not keep you aware of the change in the duration of the notice period, and you have not acknowledged it to the company, then of course, it is only one month.

As many of you have said, the appointment letter is the final document and serves as an agreement between the employer and employee. If, for instance, the management wishes to change the notice period, the employer should inform the employee through a notification and obtain agreement from the concerned employees; otherwise, it won't be valid.

With regards,

Pandiyarajan

Hi everyone,

I have just joined a company that is very unorganized. I want to set up an HR system here, starting with establishing a salary structure and creating pay slips. However, after observing the inconsistent salary distribution – where the head is receiving 35000, a fresher trainee is getting 11800, and a person with 4 years of experience is receiving an unspecified amount – I am confused about how to establish a hierarchy and salary structure.

Thanks and regards

There is no provision to make any amendments to the Appointment Order issued and acknowledged by the employee. The appointment is an individual contract between the company and the employee, and only with mutual consent is the appointment order acknowledged by the employee. Any changes to the conditions of this appointment need the approval of the other party - namely the employee.

Those who are interviewed and offered the job, the employer can change the notice period that was in effect earlier.

Appointment letter is a contract between an employee and an employer based on certain terms and conditions accepted by both parties. Any change or amendment to the same can only be considered applicable if agreed upon by both parties. The employer has every right to amend the policies from time to time but should communicate these changes to all employees through modes such as circulars or notice boards. In very large companies, it may not be practically possible to obtain acceptance from each and every employee across the company.

Santosh

Company can change the notice period. It needs to be circulated among the employees. Further, the company should address individual letters and their signatures on the duplicate for having accepted the change in the notice period. Otherwise, unilaterally, they cannot impose such changes on the employees who are already in the system.

Hi,

The change in policy needs to be intimated to all the employees in writing and also take their approval. Alternatively, the company can change the policy and apply it only to the ones who have joined after a certain date. An appointment letter is like an agreement; you have every right to stick to what is mentioned in it. If the company mentions legal action, you can also take legal action against it.

All the best! Simran

Notice period is one of the employment conditions, and whatever is agreed upon joining is valid until both parties agree to revise it. If your employer has changed it without written consent from you, it is illegal and not valid. You may check with a practicing advocate who specializes in labor law for a legal opinion.

In reply to your query:

1. The company has to obtain the consent of a sizable number of employees as per the Standing Orders Act to change any notice periods or shift timings, etc. The same change needs to be displayed on the notice board.

2. No change can breach the provisions of existing statutes applicable, even if the employees have consented to it. In other words, the change cannot be something that is not provided for by law.

Regards,
Jatin
Email: jatinadhav@rediffmail.com

Mr. Rinshad,

The company can change the notice period by way of an amendment to the appointment letter, which should have the concurrence of the concerned employee. It cannot change the notice period arbitrarily.

The views expressed by Mr. Brijesh Deshmukh are perfectly right. If the notice period in your appointment letter is 30 days and has not been amended with your acceptance in writing, the company cannot insist you to continue for 60 days.

M.A. Kulkarni.

Well, a company cannot do so without intimating the employees. If they do so, it's highly unethical, and you are not in compulsion to comply with the same.

However, please make sure whether you have missed any circular or notice from the HR department regarding the change in policy.

No company can change the terms of an appointment letter given to an employee without his acceptance/concurrence. If a company does so, then it is very bad on the part of the company, and it can be called an unfair labor practice. If a company can do so, then an employee can file a litigation under the Labor Court for harassment and unfair practices.

For any further information, you can contact me at 9909001742.

Regards, Abhijeet Sawant

Company cannot change the notice period arbitrarily. You are not required to serve the notice period for more than what you have initially agreed upon.

Hi,

Can you explain what to do when an employee went on maternity leave for 3 months, but after completing 3 months, the doctor stated that she is still unwell and needs an additional 3 months of rest? Should I continue to mark her attendance in the register or not?

Management should inform Policy when there are changes immediately. They can't have the right to give direction while submitting the resignation.

Hi,

It would be unprofessional for the company to backtrack while the candidate is pursuing a better opportunity. If the company has specified a one-month notice period in the appointment letter, then one has the right to proceed after giving notice, depending on your terms with the HOD. If you have signed any written agreement regarding the change in the notice period, then you are obligated to adhere to the company's regulations.

Dear Latha,

If you have a better opportunity, just move on. Notice period is to protect both employees' and employers' interests. As an employee, you should protect your interests first.

Best regards,
Ambarikshan.

To my knowledge, a company must inform employees if there are any changes to its HR policies. So, the answer is no, they cannot change it.

Hi,

Please, tell me how to change the leave policy that was already issued to the employees. We want to include something in that leave policy. Kindly, tell me the format.

A. Mallaiah
9989820990

Notice periods cannot be arbitrary. Check out situations where you would have agreed to an extension of the notice period.