Can My Company Suddenly Extend My Notice Period from 30 to 60 Days? Need Advice!

Dear Seniors, I have resigned from my service, and as per my offer letter and appointment letter, the notice period was 1 month. When I talked to my boss regarding this, he said the notice period changed to 60 days, and the mail regarding that was distributed 2 days before. I checked with a couple of other colleagues, and no one received such mail. My question is whether a company can change from a 30-day notice period to 60 days immediately. I have to join the next company within 30 days. If I leave in 30 days, I have to pay back one month's salary to the company. Please advise.

Thanks, Regards

No company can do this. Talk with your boss politely. He forgot that he is a private employee, not an IAS officer . The best solution is to serve your notice period. If you have your acceptance of resignation letter, not even the Supreme Court of India can force you to serve for 60 days. In case of a problem with the relieving letter, you can approach the consumer court. Even a small application would suffice, and there will be no charge at all. You can also Google it. Don't worry, relax...

Thank you very much for the support. Your responses give me more confidence. Kindly, please let me know about the following points:

Company's Right to Change Appointment Letter Clause

Whether the company has the right to change a clause in the appointment letter (regarding notice period) without mutual consent from the employee? A mail has now arrived stating that with effect from 10th June, employees have to serve a 60-day notice period. The email was sent on 8th June, but no one received it due to a technical failure.

Permissibility of Amendments

Is it permissible for a company to make an amendment like this? Kindly advise. Law experts, please inform me if any section in labor law addresses this matter.

Thank you.

The notice period is mentioned in the employment contract. The notice period may be changed by management, but the employee needs to give their consent. As you mentioned, you have not signed for 60 days. This will be treated on the basis of natural justice. I believe this will not stand valid as you have not received the email and have not sent them the acknowledgment of acceptance. They might be doing this to harass you. Be polite and firm while discussing with HR personnel about the same.

Have you received your resignation acceptance letter? That is enough to join a new employer. Ask the new employer for time to submit the relieving and service letter.

I hope this may help you.

I presume that you resigned prior to 8th June. Hence, inform your boss that this change is not applicable to you since your resignation was based on the original appointment order, and you were already serving the notice period. This cannot be enforced retroactively. Will they recover salary from those who resigned before you and left the company earlier? This change should apply only to employees who are still with the company on the day the policy change was announced and had not resigned before that date. If any employee responds that these terms are not applicable or acceptable to them, the original 30-day notice period will remain until mutually resolved.

So, don't worry. Just leave at the end of 30 days and ensure your resignation letter is acknowledged. Even if it's not acknowledged, don't worry. At the close of the 30 days, email them that you have completed the notice period and have left the company as per the contract terms, requesting the full and final settlement. Send it from your personal email. Keep a printed copy as proof of your departure.

If they insist you serve the remaining 30 days, respond that the notice period does not apply to you as you had already resigned before the change took effect.

Best of luck in your new job.

As per the Industrial Disputes Act of 1947, any changes in service conditions should have a minimum notice period of 21 days before becoming effective. Additionally, a 60-day notice period should be accepted by the employee. In your case, since you have not accepted the new terms, there is no need to serve a 60-day notice period as it is not legally required.

Regards,

A contract in any part of the world; conditions cannot be forced on a party. There must be acceptance by all parties involved, and in your case, by you and the employer. Either party has the right to reject or accept a condition. Since you have not accepted the amendment to the contract, I feel there is nothing to worry about. The employer cannot force their terms on you.

You must submit your resignation in accordance with the terms of your current employment contract and refer to the resignation (termination of contract) clause in the resignation letter.

Regards,
Ayalurv

Validity of Offer Letter and Notice Period Changes

Your offer letter issued some time back holds good. Whatever is stated there is only valid. The company cannot change it according to their whims and fancies. They can do it for future appointments and not for you. In case they want to change the clause, they have to issue a letter conveying it and get your acceptance on it. You need not worry about this. Submit your resignation letter to the management, giving a month's notice period according to the letter of appointment.