Confused About Notice Period: Should I Stick to My 2-Month Contract or Follow the New 3-Month Rule?

In my current employment, I have signed a contract for a 2-month notice period pay 8 years ago in 2012. The company is now requiring a 3-month notice pay. However, since I have only signed a contract for a 2-month notice period and have not agreed to a longer notice period after that, I am unsure which notice period I should adhere to. Should I serve a 2-month notice period or a 3-month notice period?

Whether the unilateral change in the notice period was already communicated by the employer, either individually or through a common notice?

Because of the longer time duration (8 years) spent in this company, I can't recall. Adding a bit more to the background, I had previously been in another unit of the company where I signed a contract with a 2-month notice period. Now, in the unit where I moved, employees are required to serve a 3-month notice period. This change may be due to this specific unit of the company entering into contracts with a 3-month notice period. I tried to check the policy but couldn't find anything specific. I believe that concerning the notice period, the company may not publish any policy but instead execute contracts based on the terms of employment.

Appointment Letter as a Legally Executed Document

An appointment letter issued by an employer is a legally executed document that defines the "terms of employment" offered to and agreed upon by the addressee (employee or probationer, etc., at the time of joining). It cannot be "altered unilaterally" by either of the two contracting parties.

Unilateral Alteration of Employment Terms

In cases such as the one cited, the employer's unilateral action is lopsided, patently unfair, unjust, improper, and thus unlawful. Even on the pretext that in the unit you were transferred/deployed, some other provision is applicable to all other employees. You can represent your case and seek and secure justice.

Regards, Harsh K Sharan, Kritarth Consulting, 28.5.2020

Unilateral change of the duration of the notice period is unlawful, capricious, and against the terms of the contract of employment. You have a strong case to fight against any such unfair expectation of the employer seeking a 3-month notice for resignation. You are free to walk out after serving the notice period for two months as per the contract and yet seek your terminal dues without any legal risk, in the event of your employer not relieving you from service on the close of the working hours of the 60th day of the notice period.

Panchsen
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P. Senthilkumar