Notice Period Confusion: Am I Legally Required to Serve 90 Days Instead of 60?

Working as an area sales manager, I received an appointment letter with a 60-day notice period. However, on the company employee portal, it shows a 90-day notice period. Am I legally obligated to serve the 90-day notice period?

Normally, in the absence of such a provision in the Certified Standing Orders, the clause in the appointment order shall be acceptable. However, if the company has certified standing orders that provide for a 90-day notice period, and the appointment order specifies a different period, then the period mentioned in the standing orders shall be enforceable. The clause in the web portal may not have the same legal validity as a standing order. Nonetheless, if it is part of the employee handbook, it shall override the appointment order.

Mr. Madhu has described the matter well. The clause in an appointment letter is valid, so in your case, a 60-day notice period is applicable.

The company's employee portal for a 90-day notice is not maintainable because the appointment letter clause is an agreement between the employer and the employee. Therefore, the appointment clause stands valid.

The legality of a notice period and its duration depends on your employment contract and local labor laws. In many jurisdictions, it is common for employment contracts to include notice periods, and employers can legally require employees to serve notice periods as specified in the contract. Here are some general principles to consider:

Contractual Agreement

If you signed an employment contract that specifies a 90-day notice period, you are generally legally bound to fulfill that obligation. Failing to do so may have legal and financial consequences.

Local Labor Laws

Labor laws vary by country and even by region, so it's essential to consult the labor laws applicable in your area. Some jurisdictions have regulations that limit the maximum notice period that can be enforced, while others do not have specific restrictions.

Negotiation

In some cases, you may be able to negotiate a shorter notice period with your employer. This is often done through mutual agreement between you and your employer. However, both parties must be willing to amend the contract.

Mitigating Factors

In certain situations, such as a hostile work environment or a breach of contract by the employer, you may have legal grounds to challenge the notice period's enforceability. Consulting with an employment attorney in such cases is advisable.

Company Policies

Review your company's HR policies and any collective bargaining agreements that may apply to your situation. They may provide additional insights into notice periods and their enforcement.

In summary, while a 90-day notice period may be legally binding, it's essential to review your employment contract, understand local labor laws, and consider negotiation or potential mitigating factors if you wish to modify the notice period. If you have concerns or questions about your specific situation, it's a good idea to consult with an employment attorney who can provide guidance tailored to your circumstances.