Is It Legal for Employers to Demand a 60-Day Notice When Contract States 30 Days?

Hi Folks, I have a query regarding the notice period when an employee resigns. An employee has been working as a web developer for the past 13 months with us. He submitted his resignation on the 28th of February. Since he is the only person working as a web designer and carrying out ongoing projects in the organization, the employer wants him to serve a two-month notice period to recruit and transfer knowledge to another person for the same position. However, in the employment contract, the minimum notice mentioned is 30 days.

Is it illegal for an employer to ask for a 60-day notice period depending on the situation? Please help me out here.

Thanks in advance.

You are bound by the contract.
You cannot compel him to work more days than the notice period. Probably, if he is so important, offer him higher pay or a special bonus to retain him. Anyway, always keep a standby so that the firm is not dependent on one person only in the future.

Thank you for the help.

The employer is very adamant about serving a notice period of 60 days instead of 30 days. He believes that notice periods are at the employer's discretion. As an HR professional, I am trying to convey that there should only be a 30-day notice period as per the contract but failing to do so.

We are a startup with the agenda of hiring 3 people for one job. As we are progressing towards this goal, this situation has come up as a surprise.

Thank you for the prompt suggestions.

Handling Employee Resignation and Notice Period

You may check with the concerned employee if he has communicated his joining date to his other employer. In this case, it is highly unlikely for him to stay. However, it all depends on handling the situation tactfully, as you may not succeed every time.

Understanding the Employee's Motivation

Inquire about the reasons that led him to pursue another job, such as salary or work environment. This information might help in reshaping the work culture if needed.

Approach to Notice Period Negotiation

It is advisable not to resort to severe measures since he is not obligated to stay beyond 30 days unless he can negotiate with his prospective employer. Given the interconnected nature of the professional world, you may encounter him again in the future. Aim to resolve the situation amicably and ensure that you also persuade your employer regarding the issues at hand.

Employer cannot be adamant in this case as he is breaching his own contract with the employee.

This kind of wrong insistence can create bad blood and lead to legal battles.