How Can I Handle a Notice Period Increase After It Was Revised During My Buyout?

Hi All, in my offer letter when I joined, the notice period was 1 month. Later, they included the statement that it's been increased to 2 months. Now, I am serving my notice period. Kindly help with solutions. I request you to help me with notice period buyout options.

Notice Period in the Offer Letter

This appointment is subject to one month's notice in writing by either party, subject to the following additional obligations where termination takes place:

Termination of Employment by You

You are required to provide us with a minimum of 1 month's notice if you decide to terminate your employment with us. In the event that you:

1. Fail to provide a minimum of 1 month's notice; or
2. Fail to work through that 1 month's notice period and co-operate in an orderly handover of your work, you shall forfeit the equivalent pay in notice.

If, having agreed to provide this period of notice when terminating your employment, you nonetheless fail to give or work that period of notice, then you shall forfeit the equivalent pay in lieu of notice.

Maintained in the Increment Letter

Revision in the period of notice for termination of employment: The company, having regard to the exigencies of business and to ensure uniformity and continuity in the period of notice for termination of employment in the non-director level employee category, the notice period stated in your letter of appointment stands revised from 1 to 2 months. The said change will come into effect from April 2016.

I joined in September 2015 and have completed 2 years with the organization. I request you to help me with buyout options.

If you have accepted the notice period change dated April 2016 (in writing), then you are bound to follow that; otherwise, as per your original offer letter only.

Dear Narhima,

I think your company made a smart move by adding the clause regarding notice period change in your appraisal letter, which you must have acknowledged in writing. Therefore, yes, you are bound to serve or pay in lieu of a 2-month notice period.

Thank you for your reply, sir. I didn't accept in written or verbal. But they stated it's changed as per appraisal letter. Now my 1-month notice will complete on 5th November 17. I am awaiting approval. As per my offer letter terms, it is mandatory to have approval for buyout.

Dear Narshimha,

You mentioned that according to you:
1. The appointment letter issued and accepted under your signature stated that the notice period was one month.
2. Subsequently, there was a change in the terms of the notice period from one month to three months.
3. Have you signed this altered time period as an acceptance?

If your answer to statement No: 3 is No, then you are bound by the one-month notice period as specified in the appointment letter. Please refer to the appointment letter number and date for clarification.

Notice Period Duration: One Month vs. Two Months

The question of whether the notice period should be one month or the revised two-month period is a matter of fact, and each side will have their own arguments in favor. However, you appear to be in a better position. Hopefully, there is no general clause binding you to the company policy as it may be modified from time to time. Typically, most companies include such a safety clause. Please verify this.

Buyout of the Notice Period

Regarding the buyout of the notice period, it is an option that lies with the employer. According to the company rules in your case, the service during the notice period must meet their satisfaction, or else the salary amount can be deducted. Therefore, even after completing the notice period, there is no guarantee that they will not deduct the notice pay. Negotiating with your superiors to reach an agreed sum, paying it, and bidding farewell seems to be a better option.