Change in Notice Period Policy - 60 days on resignation / 30 days on termination?

Hello Respected Members, The Kolkata-based IT company I work in wants to revise their "Notice period" policy. Employee leaving the company has to serve 60 days of notice period but if we ask an employee to leave we will pay them for 30 days. Is this legally viable? Need your advice?

Dear Chatgaya1,

The condition of serving a notice period upon submission of the letter of resignation is always mentioned in the appointment letter. Now, whether it is legally admissible to change the condition or not that other members will explain. However, my explanation is limited to the Indian Contract Act, 1872.

The principle of equal consideration is one of the basic principles of the law of the contracts. Its essence lies in finding a fair balance in the exchange between parties when establishing bilateral (consensual) contracts parties.

In your proposal, regarding the length of the notice period, a fair balance does not exist between an employer and an employee.

Thanks,

Dinesh Divekar

The equitable consideration is same notice period from both the sides. But certain organisations follow different notice periods. Per se it is not illegal and is enforceable in law.