I was given an offer letter in May 2020 with a 2-month notice period. Now, I have an opportunity where I need to join after 1.5 months, so I am willing to pay for the remaining 15 days. However, the management is claiming they sent out an email on March 1, 2021, which extended my notice period from 2 to 3 months. Is this even legal? They have not provided any formal notification or updated document. What steps should I take next?
From India, Bengaluru
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From India, Bengaluru
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Management's Rule Enforcement
The management can enforce any new rule only after informing the employees, particularly when it involves amending the contract of service. You must respond by stating that, as per the contract of service you entered into, the notice period is only 2 months, and there cannot be any unilateral changes to it.
Addressing the Email Dated 1st March
Regarding the so-called mail dated 1st March, emphasize that it is an afterthought, a backdated document that has not been communicated to you thus far. Since the amended clause is detrimental to your interests, it can only have a prospective effect. This means that it will apply to resignations made after the communication is issued, unless an alternative effective date is specified.
From India, Mumbai
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1593The management can enforce any new rule only after informing the employees, particularly when it involves amending the contract of service. You must respond by stating that, as per the contract of service you entered into, the notice period is only 2 months, and there cannot be any unilateral changes to it.
Addressing the Email Dated 1st March
Regarding the so-called mail dated 1st March, emphasize that it is an afterthought, a backdated document that has not been communicated to you thus far. Since the amended clause is detrimental to your interests, it can only have a prospective effect. This means that it will apply to resignations made after the communication is issued, unless an alternative effective date is specified.
From India, Mumbai
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Notice Period Extension Letter Format.doc
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