Notice Period Doubled Without My Consent: How Should I Handle This Situation?

Hi, I have an issue here. When I joined the company, my notice period was 1 month, and later they changed my designation and increased the notice period to 2 months. However, there was no variation in pay, and they didn't take my signature for the 2-month notice period. Now, I have a document stating to serve for 1 month and the designation change paper as well. Neither I nor the company has a document stating to serve 2 months of notice with my valid signature. Yet, I am being asked to serve for 2 months. What can be done? Any suggestions?

If you have not signed anywhere indicating that you agree to a 2-month notice period, the company has to accept your one-month notice period. Merely changing your designation and implementing a 2-month notice period is not a good practice. Have you accepted the change in designation, etc., through any paperwork signed by you? If there are no such documents, your contract agreement with the company is based on your original appointment letter and its conditions only.

Regards,
Subba Rao Bhagavatula.

Hi Subhaga, thank you for your reply. That gives me a lot of confidence. I didn't even give any response to them after my resignation regarding the notice period. Now, how shall I proceed further? When I spoke to HR regarding the same, he stated that it will be a legal problem and we have a separate team to deal with them. How shall I proceed further with them? I have a very short span of time as I am moving abroad to pursue my higher studies.

Regards,
Subba Rao Bhagavatula.

Dear friend,

You need not worry about this. Write a note with a copy of the appointment letter and state that you are only liable to pay one month's notice pay, which can be adjusted from the full and final pay. There is no need to worry if you have not signed any changed policy.

Thank you.

According to the facts provided by you, it's an organizational mistake. In fact, the organization can't take any action. You can easily contend that the organization has made the change without your consent.

If you have not signed any document that states a 2-month notice period, then the company cannot force you to pay for 2 months or serve a 2-month notice period. Check your company policy, employee manual, or handbook where the notice period is outlined. If it specifies a 1-month notice period, write to your employer attaching a copy of the appointment letter showing that your notice period is only 1 month. State that you will serve or pay according to the terms of your appointment letter.

No action can be taken by the company.

Regards,
Smita

Dear All,

Can anyone say if there is any labor law that states an employer cannot change the notice period without the consent of employees?

It is unfair labor practice. If this type of practice is being practiced by any organization, besides a bad name in the market, it can be challenged in the court of law.

No organization can change the notice period without the approval of the employee. That is true and sounds good also, but first, you have to check the company policy. Maybe as per the company policy, you are falling into such a designation whose notice period may be 2 months. For example, executives and assistant managers have a notice period of 1 month, while managers, senior managers, and above have a notice period of 2 months.

First, check with the company policies. If that is not there, then no one can ask you to serve a two-month notice without any signatures on yours.