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Notice period by employer

Querist : Anonymous (Querist) 22 December 2011 This query is : Resolved 
Dear Sir

I joined a company around a year back, In the offer letter they never mentioned about the Notice Period and Notice pay and provided abount only break up of salary and joining date.
On the joining date when I reached there after resignation from previous employer, thay provided me appointment letter containg the Notice Period and Notice Pay of 3 months from my side(employee's Notice) and if they terminate or not willing to continue, can do so by giving only one month notice or notice salary for one month.
Is this stand of employer is legally stands in the eyes of law or natural justice.

I had no other option at that time to accept the same.

Please advise.

Thanks
Devajyoti Barman (Expert) 22 December 2011
Even if this is not proper what option do you have?
Nothing except not to accept the new offer.
So no point in contemplating whether this right or wrong.
Anyway this letter of appointment is new offer which you can either accept or reject.
Deepak Nair (Expert) 22 December 2011
You have the right to negotiate with your employer.
In my view, the terms and conditions shall be balanced.
Guest (Expert) 22 December 2011
If u belong to Delhi/ NCR, meet me personally or do call me for further steps.

Manoj Kumar,
Advocate,
Delhi.
Ph: 09310443650
advocates.agra@gmail.com
Guest (Expert) 22 December 2011
I wonder, if you could get awakened after lapse of one year when you accepted the appointment and joined service on the basis of your appointment letter that contained condition of 3 month's notice period, and have now suddenly got the idea of questioning the company on natural justice.

I am not discouraging you to take any legal action, but the question would arise in the court of law, why did you join the service, if the condition was not acceptable to you? What would be your reply to that question at that time?
ajay sethi (Expert) 22 December 2011
yes dhingraji is right . why did you sign the appointment letter . if you were aggrieved by terms mentioned therein you should have refused to sign the appointment letter . since you have agreed to 3 months notice period you are bound by it .
prabhakar singh (Expert) 23 December 2011
Is this stand of employer is legally stands in the eyes of law or natural justice.???

Yes is the answer.


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