Hi,
I joined a company and at that time the notice period was 1 month. Now recently the company announced that they have increased the notice period to 3 months. I want resign now and want to understand what will be the applicable notice period for me as I have signed on a contract where 1 month notice period is mentioned.
Please let me know how to deal with this situation
Thanks
From India, Bengaluru
I joined a company and at that time the notice period was 1 month. Now recently the company announced that they have increased the notice period to 3 months. I want resign now and want to understand what will be the applicable notice period for me as I have signed on a contract where 1 month notice period is mentioned.
Please let me know how to deal with this situation
Thanks
From India, Bengaluru
Your notice period will remain 1 month only as per your offer letter. Have you received any letter/notification for increase in notice period and accepted the increase in notice period?
From India, Pune
3131From India, Pune
Dear Guidance -Seeker
Your Query: You signed a Written Contract (Appointment Letter) before joining this Company knowing that the Notice Period was One Month and now/recently the Company announced that they have increased the notice period to 3 months. You want to resign now and want to know what will be the applicable Notice Period for me.
Team Kritarth's Guidance: -- Employment is a Contract between Two or more Persons fit to willingly enter into the Contract. as per Rule of Law in our Country, both the Parties to a Contract must discharge their respective legally-enforceable Obligations. Change in Notice Period by Management's Order/Announcement as per fact furnished by you is and shall remain Unilateral and Lopsided and hence legally null and void. Any change in Terms of Contract must invariably be agreed to by both the Parties.
In case, Employer makes up their mind to revise any Term of Contract -Notice Period in this instant case --any Order/Announcement to that effect shall be Legitimate only where they sought your consent ,beforehand /prior to effecting that very Order.
Better to raise the Issue before your HOD and HR Head for redressal.
Team Kritarth
21 March 2016
From India, Delhi
Your Query: You signed a Written Contract (Appointment Letter) before joining this Company knowing that the Notice Period was One Month and now/recently the Company announced that they have increased the notice period to 3 months. You want to resign now and want to know what will be the applicable Notice Period for me.
Team Kritarth's Guidance: -- Employment is a Contract between Two or more Persons fit to willingly enter into the Contract. as per Rule of Law in our Country, both the Parties to a Contract must discharge their respective legally-enforceable Obligations. Change in Notice Period by Management's Order/Announcement as per fact furnished by you is and shall remain Unilateral and Lopsided and hence legally null and void. Any change in Terms of Contract must invariably be agreed to by both the Parties.
In case, Employer makes up their mind to revise any Term of Contract -Notice Period in this instant case --any Order/Announcement to that effect shall be Legitimate only where they sought your consent ,beforehand /prior to effecting that very Order.
Better to raise the Issue before your HOD and HR Head for redressal.
Team Kritarth
21 March 2016
From India, Delhi
I differ the views given above.
If the notice period is changed from 1 month to 3 months and the same was officially announced and if there is no objections in writing by any employee to the management and subsequently any employee resigns , then the notice period of 3 months will apply.
If the employee resigns after announcement but before implementation (effective date is mentioned) , then he / she will be required to serve one month only.
In this case , the employer can ask for 3 months notice period to serve or reimbursement of 3 months salary.
From India, Bangalore
If the notice period is changed from 1 month to 3 months and the same was officially announced and if there is no objections in writing by any employee to the management and subsequently any employee resigns , then the notice period of 3 months will apply.
If the employee resigns after announcement but before implementation (effective date is mentioned) , then he / she will be required to serve one month only.
In this case , the employer can ask for 3 months notice period to serve or reimbursement of 3 months salary.
From India, Bangalore
I am also facing the same problem. The notice period has been changed from one month to three months whereas it has been kept same for the Employer. It is definitely not justifiable. Either it has to be One month notice from either sides or it has to be three-months notice. Request all to suggest me/us to get solutions for any such injustice with employees.
From India, Pune
From India, Pune
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Company Letter for Completion 01 Month Notice.docx
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