How to Handle a Changed Notice Period After Your Manager's Written Confirmation?

@n0n
I had a discussion regarding my relieving with my reporting manager. During the discussion, we believed that my notice period was 2 months. However, I requested an early release, to which my reporting manager said, "I will get back to you after discussing it with HR and HOD." Upon follow-up, the manager responded with a definite date via email.

Now, I received another email from the manager stating that, as per the discussion with HR, the notice period is 3 months. So technically, it's now 1 more month. The manager mentioned, "I didn't check with HR before giving you the relieving confirmation email."

Based on the earlier relieving date confirmed by my manager, I have already informed my new employer of my joining date. Please suggest how I can tackle this situation now.
harpreetwalia
Hi Friend,

Please ignore everything and just refer to your appointment letter. The duration of the notice period mentioned there is the one you need to follow. HR can relieve you before with mutual consent, however, cannot force you to extend unless it is a request duly accepted by you. Anything apart from that which forces you is a breach of the Indian Contract Act, 1872, and also an action against the provisions of the Bonded Labour System Abolition Act, 1976.
@n0n
Thank you, Harpreet Walia, for your response.

I understand that the manager has the authority to change the relieving date unless it falls within the notice period specified in the appointment letter.
nathrao
Hi,

"We believed that my notice is 2 months." What was written in the appointment letter? How can "we believed" be used instead of "we know"? Your manager was also negligent in confirming your departure date without checking with HR. I suggest you speak to your previous employer and request early relief since you are committed to the new employer. Offer to pay for the notice period if it is insisted upon. The problem has arisen because basic information regarding the duration of the notice period was not known correctly.

Thank you.
@n0n
Yes Nathrao, despite my reporting manager stating that they would get back to me after discussing it with the HOD and HR, due diligence was not done from the manager's side. Instead of accepting the mistake, the manager is covering up by stating, "You have to give a full 90-day notice." So why is it the employee's fault if the manager is negligent? Can I stick to the previous relieving date sent by the manager and take this matter to HR to resolve it now, or is there no point in arguing? I have already informed my new employer of my joining date based on the previous confirmation email. Please suggest.
nathrao
Organizations seldom admit to mistakes. You need to navigate this issue carefully in a friendly manner, keeping both your current and former employer informed.
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