Stuck Between Jobs: How to Handle a Notice Period Extension Without Losing a New Offer

Dear All, I am currently working in Company X. When I joined the company, the offer letter clearly stated a notice period of 30 days. However, they are now requesting me to serve a notice period of 60 days (I have not received any updates regarding an extension of the notice period). On the other hand, my new company requires me to join within 30 days.

I would appreciate any assistance on this urgent issue as I am at risk of losing the offer from my new company.

Thank you,

Regards, Kryfendoz

Company Policy Changes and Your Rights

The company reserves the right to change HR policies from time to time. Ask for an interview with the Director and explain your position. Also, bring along the original appointment letter issued to you by the company.

Human spirit is more important than written rules.

If your offer letter or appointment letter states that you need to give one month's notice or make a payment in lieu of said notice in case of your resignation from company service, the same should still be applicable today. Generally, an employer can modify any existing standing orders/service rules, and as such, they can either enhance or reduce the notice period in case of termination of the services of their employees. However, to do so, they must follow the prescribed procedure as laid down under the standing orders/service rules of the company and notify the same, obtaining the consent of the union or employees if there is no union before implementing such a new term as proposed.

Without notifying the change of service conditions and obtaining the consent of the employee who will be affected by such a change in their existing service conditions, i.e., change of the notice period, etc., which will cause detriment to the interest of an employee, is null and void, and it could not be enforceable under the law.

Hence, explain your case in detail to the HR department of your present employer and tell them to relieve you after completing one month's notice as per your appointment letter if you have already given one month's notice. If they refuse to relieve you after one month, then inform your new employer of the situation. If they agree to take you without having a relieving or service certificate from your existing company, you can join the service of the new company after the lapse of the 30-day notice in your present company.

Regards

Thank you for your valuable comments; that is what I have planned to do. If my current company does not relieve me within 30 days, I will take it upon myself to leave and explain this situation in detail to the new company. In any case, I have all the legal documents stating that I have only a 30-day notice period.

Regards,
KryfendoZ

I am writing to inform you that you need to approach the inspector under the Shops and Establishment Act to ensure the implementation of your relieving after a period of 30 days.

Thank you.

Best regards,

Applicability of Shops and Commercial Establishment Act

This establishment shall most probably be covered by the (Name of the state) Shops and Commercial Establishment Act, which was enacted to govern the service conditions of employees in such establishments.

Standing Orders and Their Applicability

Standing orders might also be applicable, and if not certified, Model Standing Orders shall apply. Standing orders are certified based on the lines of Model Standing Orders.

Precedence of Legal Enactments Over Private Agreements

These enactments, being Acts/instruments of law, shall prevail over any private agreement/policy drafted by the employer and signed with employees (e.g., offer letter/appointment letter/HR policy). Any service condition that is inconsistent with such enactments shall not be valid.

Consultation with Labor Law Experts

An able labor law consultant or service matters lawyer may ask you a set of structured questions and may opine that you are covered by the enactments. The notice period cannot be more than 30 days.

1. See the service rules of your company.
2. Have you received a copy of the service rules?
3. If any amendments are made to the service rules, the HR should inform you.
4. First, you have to talk to your employer directly. After that, tell all the facts to the new company.

Regards,
Ajay Bisht
Manager HR
NABH Accredited Hospital
[Email Removed For Privacy Reasons]