Notice period change

rohan (Querist) 12 May 2011 This query is : Resolved
Hi, I'm working with a company in Bangalore since 5 years.The notice period in the appointment letter is 60 days.Now the company has changed the notice period from 60 days to 90 days from 12th May onwards.The employee handbook which descirbes things like code of conduct and other things has been updated with notice period of 90 days.Do i have the right to say that i can give only 60 days notice period ?

Thanks.

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Devajyoti Barman (Expert) 12 May 2011
Any further change in the job contract without the consent of the employee has no force of law.
But to safeguard your interest if the changes has been brought to your notice you have to lodge your protest without delay in default of which you would be deemed to have given consent to such change.

abhay dholakiya (Expert) 13 May 2011
agree with barman sir

G. ARAVINTHAN (Expert) 13 May 2011
You might have been informed through an email by the employer. Verify

rohan (Querist) 13 May 2011
Thank you very much for your replies :)
But i have not been informed through any mail.It is announced in the company intranet that the employee handbook has been updated regarding the notice period.We had signed the employee hand book and appointment letter at the time of joining the company.But the appointment letter clearly states that those topics which are not discussed in appointment letter will be discussed in employee handbook.The notice period is discussed in the appointment letter with 60 days notice.

Guest (Expert) 14 May 2011
You can send your objection to the company clearly stating that you are not willing to accept the change as the terms of conditions which you signed with your company would remain valid. However, any change in the notice period can be made applicable only on the fresh recruits after the date of notification, but legally not on you.

malipeddi jaggarao (Expert) 14 May 2011
I agree with Mr.Dhingra. Though keeping the modified handbook in intranet is a notice to every employee and as such it is deemed to have been informed, unless it clearly states that the change in notice period is applicable to all employees even recruited earlier, it is not applicable to you. At the same time, if you wish to continue in the present employment as of now, why to invite tension for no reason?

Advocate. Arunagiri (Expert) 14 May 2011
The the change in the notice period will not bind you.

rohan (Querist) 15 May 2011
Thanks to all for your valuable suggestions.
Many employees in the company are unhappy with the behaviour of management in the last 2 years.Management exploited the recession period and did not hike salary and demanded more hours of work.Recession did not affect the company in any way.And now the job market is good and employees are getting good offers outside.Knowing this fact the management has suddenly increased the notice period.But none of the employees are ready to protest this because the management might write negative things like bad conduct or lack of focus in work when then give relieving letter after resigning.We want to go out of this company for out better future.Is there a way out ?

rohan (Querist) 15 May 2011
Now the management has updated the employee handbook stating that the notice period mentioned in appointment letter can be changed.

Advocate. Arunagiri (Expert) 15 May 2011
Untill and unless the employee give a written consent for the change in the notice period, it will not bind the employee.

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