Notice Period Dilemma: Can My Employer Extend It Beyond 2 Months Without Consent?

Recently, I have received an offer from an MNC, and within the offer letter, there is a clause mentioned below:

"You agree to provide XYZ Infotech with prior notice of at least 2 months of your resignation, which shall be effective at the end of the notice period unless agreed otherwise. The company management has the discretion for any notice period waiver based on the work obligations."

I have a question: Do they have the right to extend my notice period by more than 2 months? Any help will be highly appreciated.

The clause mentioned in the appointment letter is not giving the company any blanket power to revise the notice period. It only says you have to give two months minimum notice, but you could give more, and the management has the right to waive off a part of it as it deems fit.

I think that the poster gets confused with the phrase "discretion for any notice period waive off." The term "waive off" literally means "to refrain from doing something," and in the context of giving two months' notice on resignation, this clause vests the Management with some discretion to do away with such a condition or relax it altogether. It does not mean that the Management can increase the notice period because it can be increased formally at any time by amending the service regulations.

Dear ANONYMOUS Friend,

It seems to me that the clause in the offer letter as stated by you is not well-drafted by your prospective employer. I too feel like Umakanthan Sir that you are confused with this clause. No management has the right to increase the notice period, but it can reduce the same depending upon circumstances prevailing at that time. It is a discretionary power of the management to waive your notice period.

The clause states and specifies that the employee has to give a minimum of 60 days' notice before exiting. The company always retains the right to reduce this period at their discretion.

On a plain reading of this clause without reference to any other clause of the offer letter, the company cannot insist that you give, say, a 90-day notice. So don't worry.

Hi,

No, they cannot raise the notice period any longer than what is already given in the appointment letter unilaterally. As it stands, there is nothing to worry about, as already suggested by one of our esteemed members.

Thanks and Regards

Dear Colleague,

From the badly worded relevant clause, one fails to understand the connection between giving xyz info and giving notice for resignation. The waiver clause appears to give the right to the employer to waive off the notice period, which is more in favor of the employee. However, it does not empower the employer to unilaterally increase the notice period.

Regards, Vinayak Nagarkar HR Consultant