Issue In Extention Of Notice Period

We are software company based out of Bangalore, Actually one of our employee deputed to our client place and he got the salary hike couple of months back ( During appraisal he had agreed orally that he will serve notice period for 3 months, upon his oral approval we have revised his salary). prior to that notice period tenure was 2 months.
he had not collected his notice period extension letter so far, day before he had put down his resignation, but our clients are not ready to leave him before 3 months.
Is he eligible to serve 3 months notice period?
Could any one guide me how to go ahead further.
Regards,
Sudhar

You should have served him the amendment letter to his appt. letter and got his signature as a token of his/her acceptance. Now, there is no written agreement on N.Period between both the parties. In my opinion, the N.Period already agreed upon will only prevail. verbal agreements do not have legal sanctity.
Pon

Hi,
You should have asked him to send the mail of the discussion and outputs of the discussion after appraisal review and on the basis of that, you should have revised his salary. As pon said, Verbal agreements are not taken for count at any level and at any cost.
Is he eligible to serve 3 months notice period?
With respect to your Query, only if your copmany policy says, employee should serve the notice period for 3 months,then he is eligible otherwise he is not eligible.
Harsh

Even company policy also until and unless it is communicated and agreed it will be difficult for the company to implement because it comes under service conditions.
Oral discussion and agreements are not considered, as per your communication you can not ask him to work for 3 months, two months is only his notice period.
Regards - kamesh

Dear All,

Thanks for your valuable input.

i have drafted a Notice Letter for Extension.....

__________________________________________________ _________________________________

Sub: Revision of notice period of employment

Ref: Your appointment letter dated

We are pleased to inform you that the organization has revised its People policies with effect from August 2011 and as consequent to this revision, the clause / section 8 of the appointment order dated ______ has been amended as follows.

Clause No:_ NOTICE PERIOD

This contract of employment is terminable, without reasons, by either party with notice period of THREE months notice on confirmation. Companyxxxxxxxx reserves the right to pay or recover salary in lieu of notice period. Further if notice period is not adhered to, the employee would not be eligible for any compensation on performance incentive, bonus, onsite allowance / perquisites offered by the organization as part of the contract. Further, the Company may at its discretion relieve you from such date as it may deem fit even prior to the expiry of the notice period.

__________________________________________________ ______________________________

Kindly do review and let me know if required any more changes,

Regards - Sudhar.