Hi All,
I was employed at an MNC IT company. At the time of joining the company, I signed Employment Agreement in which notice period was mentioned as 60 days. During my tenure at the company, HR manager changed the notice period to 90 days. She intimated whole company through below email on 8.Sep:
"Dear All,
Please note that your notice period has been changed from 60 days to 90 days effective September 9, 20XX. This decision is based on internal deliberation and also considering the current exit practices in similar industries. All those who are currently on notice period, will serve their notice period for 60 days as per our earlier notice period policy. Any resignations post September 8, 20XX will have a notice period of 90 days"
I resigned from company and with mutual agreement took pre-mature exit after serving one month's notice. The company has now approached me with F&F and is demanding payment for 2 months that I didn't serve. My submission is, F&F should be calculated based on the original employment agreement as that is the one which we agreed upon and signed. For the extension of notice period, there was no amendment or new agreement signed between me and the company and hence this one-sided change from the company doesn't hold legal in the eyes of Law.
Can somebody help me to validate my submission and suggest whether or not I should take the company to the court?
Thank you.
I was employed at an MNC IT company. At the time of joining the company, I signed Employment Agreement in which notice period was mentioned as 60 days. During my tenure at the company, HR manager changed the notice period to 90 days. She intimated whole company through below email on 8.Sep:
"Dear All,
Please note that your notice period has been changed from 60 days to 90 days effective September 9, 20XX. This decision is based on internal deliberation and also considering the current exit practices in similar industries. All those who are currently on notice period, will serve their notice period for 60 days as per our earlier notice period policy. Any resignations post September 8, 20XX will have a notice period of 90 days"
I resigned from company and with mutual agreement took pre-mature exit after serving one month's notice. The company has now approached me with F&F and is demanding payment for 2 months that I didn't serve. My submission is, F&F should be calculated based on the original employment agreement as that is the one which we agreed upon and signed. For the extension of notice period, there was no amendment or new agreement signed between me and the company and hence this one-sided change from the company doesn't hold legal in the eyes of Law.
Can somebody help me to validate my submission and suggest whether or not I should take the company to the court?
Thank you.