Stuck in a Notice Period Dilemma: Can My Company Extend It Without My Consent?

I am facing a similar problem. My company's HR sent me an email on Saturday at 4:30 pm in which I was BCCed, mentioning a notice period change from 1 to 3 months. It is a notification email, and soon a letter will be sent to you. On the same day, I discussed with the HOD and sent an email to HR about non-acceptance, but they said it wouldn't be changed. Within 10 days, I resigned from the company as I got another offer. Now they are telling me I need to serve 3 months as they have sent a notification email. I had a word with management as well, but they are also saying that your critical resource can't relieve you. However, my next company wants me to join in 30 days, or else I will lose the offer.

Need Advice on Notice Period Change

Guys, I need your help. Can any company change anyone's notice period without the letter, especially when it is not uniform for everyone? I need to be released in 1 month. What should I do?

Regards

Hi,

Some companies require employees to serve a three-month notice period or pay three months' basic salary. You can inquire with the employer about the exact clause concerning the notice period and request clarification on this matter.

Thank you.

The company cannot legally enforce a revised notice period when an employee has declined to accept it and has submitted a resignation. The original notice period applies to the employee.

The original notice period (1 month) will remain in force since you have not accepted the subsequent change (3 months) of the notice period. You can tender resignation to the company giving a one month's notice period in terms of the original appointment letter.

For more information, check my blog at www.labourlawhub.com

Hi,

The original notice period can be changed by the employer; however, if one gives non-acceptance in writing, one's original terms and conditions will stand. You can proceed with your resignation process; simultaneously, do keep your future employer in the loop. Good luck!

Dear Shubhangi,

Do not sign any papers given by your company. Also, take a printout of the email you sent to HR as proof. It may help you in the future as well.

Amendments to Terms & Conditions in Appointment Letters

Any corrections or amendments to the Terms & Conditions (T&C) in the appointment letter should be properly executed, provided that both the employer and employee have signed such T&C. An appointment letter essentially represents a written and mutually agreed contract between two parties, which must be adhered to based on the express conditions outlined by both parties. Any modifications by either party must be treated as a new contract, just as the original contract was signed with mutual consent.

In forming a legally binding contract, particularly in the current situation regarding the "Appointment Letter," since the employee has not consented, it is subject to rejection on the grounds of a legal loophole. Email communications, circulars, and notices serve as means of communication, and as you correctly pointed out, the proposed changes have not been agreed upon by you.

Regards,
RDS Yadav

Labour Law Adviser

Notice Period Dispute: Steps to Take

Firstly, as others have suggested, don't sign the revised Notice Period letter when shared with you. Secondly, if you have resigned before the new Notice Period mail was circulated, then they cannot ask you to serve a 90-day notice.

If they still insist on a 90-day notice, you can request your reporting manager to waive your notice period and release you after a 30-day notice. Your reporting manager should have the authority to waive your notice period. He/she can easily contact the Management and HR to request the waiver.

Please note: keep all communications via email and CC to your personal ID. Try to maintain a healthy relationship with the current company during your notice period.

These are the options you can consider.

Regards