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SunithaMurali
Dear Sir/Madam, My husband is working in a Indian based Pharma company. He got the appraisal letter for April 2016 only by August 2016. The appraisal was given with effect from April 2016.

In that appraisal letter it has been mentioned that the notice period is revised to 3 months from either side w.e.f 1 Sep 2016.

My husband has resigned on 31 Aug 2016. Now the company is not reliving him from his duties and they are saying that the notice period is 3 months only. They are telling that the 3 months notice period is applicable to those who accepted the offer. They are asking him to either work for 1 month or give back the appraised amount.

In the appraisal letter issued by the company it is clearly mentioned that the notice period change is applicable from 1 Sep 2016.

They are also telling that since it was accepted by the head only on Sep 7th, his notice period will be 3 months only.

Now what we should do. Please guide us. He has to join the new company day after tomorrow and at last minute these issues are being raised.

My husband has already sent a mail a month before to HR on the notice period date and they have not replied clearly or denied that it is not 2 months.

Kindly help us

From India, Chennai
Labour Law Index
180

If your husband accepted the money and signed on the letter. Then he has agreed on the new revision. He is bound by that. Had he sent this mail you are talking about 3 months before, then his notice period would have been deemed served.
From India, Kolkata
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