Notice Period Dilemma: How to Handle a Contract Change After Resigning?

Hi,

I joined a company when the notice period was 1 month. Recently, the company announced an increase in the notice period to 3 months. I want to resign now and understand what the applicable notice period will be for me since I signed a contract stating a 1-month notice period.

Please advise on how to handle this situation.

Thank you

Your notice period will remain 1 month only as per your offer letter.

Have you received any letter/notification for an increase in the notice period and accepted the increase in the notice period?

Understanding Contractual Notice Period Changes

Your query: You signed a written contract (appointment letter) before joining this company, knowing that the notice period was one month. Now, the company has announced that they have increased the notice period to three months. You want to resign now and want to know what will be the applicable notice period for you.

Team Kritarth's Guidance

Employment is a contract between two or more persons fit to willingly enter into the contract. As per the rule of law in our country, both parties to a contract must discharge their respective legally enforceable obligations. The change in the notice period by management's order or announcement, as per the facts furnished by you, is and shall remain unilateral and lopsided and hence legally null and void. Any change in the terms of the contract must invariably be agreed to by both parties.

In case the employer decides to revise any term of the contract—notice period in this instance—any order or announcement to that effect shall be legitimate only if they sought your consent beforehand, prior to effecting that very order.

It is better to raise the issue before your HOD and HR Head for redressal.

Regards,
Team Kritarth

21 March 2016

I disagree with the views given above. If the notice period is changed from 1 month to 3 months and the same is officially announced, and if there are no objections in writing by any employee to the management, and subsequently, any employee resigns, then the notice period of 3 months will apply. If the employee resigns after the announcement but before implementation (effective date is mentioned), then he/she will be required to serve only one month. In this case, the employer can ask for a 3-month notice period to be served or reimbursement of 3 months' salary.

I am also facing the same problem. The notice period has been changed from one month to three months, whereas it has been kept the same for the employer. It is definitely not justifiable. Either it has to be a one-month notice from both sides or it has to be a three-month notice. I request all to suggest solutions for any such injustices with employees.