Stuck in a Notice Period Dilemma: Can I Legally Challenge My Company's Policy Change?

Hi,

I am from Assam. Currently, I am staying in Delhi and working in Gurgaon. I have been working in a company for the last 3 years. I have recently resigned citing medical reasons and am willing to serve a 15-day notice period. I also agreed to compensate for the rest of the notice period.

However, my resignation has not been accepted by my manager, and according to him and the HR, I need to serve a 1-month notice period; otherwise, they will not issue any relieving letter.

At the time of joining the company, we signed the offer letter, which clearly states that I need to serve a 1-month notice period OR compensate if the full notice period is not served. I also signed a 6-month bond in the year 2008 for traveling abroad, which I have already served.

According to HR, the policy has now been changed, and the new policy states that the relieving letter will not be issued if a one-month notice period is not served.

I am really frustrated by all of this. I genuinely want to go back to my hometown as I am not fit to work.

Please advise if there is any legal action that I can take against the company as they are not releasing me and not taking my medical cause seriously.

Also, if possible, let me know whom to approach in Delhi.

Siddharth

Hi Siddharth,

If the HR says that the notice period policy has been changed, was the same intimated to all employees, and consent taken by obtaining the signatures of all employees on the document that conveys changes in the notice period policy?

If the above procedure was not followed, then the HR has to provide you with the relieving letter as you are willing to serve a 15-day notice and pay for the remaining 15 days.

Regards,
Namratha

Dear Namratha,

Thank you for your reply.

We were informed about the policy change by an email (pasted below in bold) from the Operations Director of our company. However, it was not documented, and no one has signed it. I have spoken to HR, but they say that even Indian law can't force them to issue a relieving letter to us. I really want my relieving letter; otherwise, my 3 years of experience will go in vain.

Please advise if Indian law can force the company to issue the Relieving/Experience certificate.

Siddhartha Baruah

The mail below intimated us of the policy change.

Over the past six months, we have had a number of instances where employees have been allowed to leave without serving their full notice period (which at the present time is 1 month for all confirmed employees). The consequences and impact of allowing people to leave and not serve their full notice period can and on many occasions be service-affecting. When people leave, for example, after two weeks, we are left short of resources. We allow our service levels to drop as we do not have the resources to provide the full service to the same level, and we also put stress on our recruitment team to replace people at short notice. With effect from today (19/5/10), we are removing the authority to waive notice periods. All TL's and above should standardize their response, stating that the company requires their leaving employees to serve the complete 1-month notice period.

Just follow the below-mentioned steps:

1. Send a resignation letter.
2. Submit all company belongings to the company HR and request acknowledgment.
3. Leave the company.
4. Send a legal notice through a labor lawyer.

You will receive a call from the company HR, and they will settle all the dues. Ensure you are not engaging in any wrongful actions. The company cannot force you to work even for a single day.