Facing a Notice Period Extension? Can I Challenge My Employer's Decision Legally?

Hi, I am working in a private bank. I recently resigned, and my notice period was 90 days (negotiable). However, I discussed with my TL/supervisor and reduced it to 45 days as my new organization wanted me on board soon. I have email confirmation that my notice period has been reduced to 45 days, and the system record is also showing the same. However, when there was only one week left for my notice period, my TL informed me that my notice period is being increased back to 90 days due to my performance issues. If they proceed with this change, I will lose my job at the new organization. Can I go to the labor court? Can anyone suggest what I should do?

Based on the situation you described, it seems like you are facing a challenging issue with your employer regarding the notice period alteration and potential impact on your new job. Here are some steps you can consider taking:

1. Review Relevant Employment Laws: Before taking any legal action, it's crucial to understand the labor laws in India, especially those related to notice periods, contract modifications, and termination.

2. Consult HR Policies and Employment Contract: Check your employment contract and the company's HR policies to ensure you are well-informed about the agreed terms and any clauses related to notice periods and performance issues.

3. Document Everything: Gather all relevant documentation, including the email confirming the reduction of your notice period to 45 days, system records, and any communication regarding the sudden extension back to 90 days.

4. Seek Clarification: Schedule a meeting with your TL or HR to discuss the sudden change in your notice period and the reasons behind it. Request written clarification on the decision.

5. Negotiate Amicably: Try to resolve the issue amicably through discussions with your employer. Highlight the impact this change would have on your new job and seek a mutually acceptable solution.

6. Consider Legal Action: If the employer insists on extending your notice period despite the prior agreement and it jeopardizes your new job, you may consider seeking legal advice and potentially filing a case in the labor court.

7. File a Complaint: If all attempts to resolve the issue internally fail, you can file a formal complaint with the labor court in Hyderabad, India, outlining the details of the situation and providing supporting evidence.

8. Prepare for Legal Proceedings: If you decide to pursue legal action, ensure you have all necessary documentation, including the email correspondence, system records, and any performance evaluations that support your case.

9. Seek Legal Representation: Consider engaging a legal professional specializing in labor laws to guide you through the process and represent your interests effectively in the labor court.

Remember, each step you take should be well-documented, and it's essential to approach the situation professionally and calmly to protect your rights and interests.