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6 months notice period - Legal or not legal in india

Querist : Anonymous (Querist) 02 July 2019 This query is : Resolved 
I am working in an organization whose manpower capacity is less than 100. As major projects are on-site they have this clause mentioned in their HR policy that if the employee is on-site he needs to serve notice period of 6 months. However in offer letter it states 90 days notice period and also a statement stating go through the HR policy. Can we challenge the offer letter and contradicted HR policy clause for notice period in labour court.
Adv Deepak Joshi +917017821512 (Expert) 02 July 2019
Employment terms and conditions as per offer letter, terms and conditions can be challenged if they are against the law of land or arbitrary.
Dr J C Vashista (Expert) 03 July 2019
At the time of acceptance of offer letter did you challenge its terms and conditions?
An anonymous author may not expect obligation of experts as per rule of this platform, disclose your identity.
It would be advisable to consult a local prudent lawyer for better appreciation of facts and documents, guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) with records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # + 01 98911 52939 email: majjagdish@yahoo.com or visit: www.vakil-saab.com
P. Venu (Expert) 03 July 2019
Such a long Notice period is unreasonable. This is a manipulation than policy. However, it may not be within isolated efforts to remedy the situation. Collective bargaining alone could provide the effective remedy.


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