Notice period change by company without informing .

White Castle (Querist) 11 November 2020 This query is : Resolved
I joined the company On June 2019 . As per my offer letter " In case you decide to leave the service of the organization, you will be required to give 30 days' notice . The organization in its sole discretion can decide to waive off/reduce the notice period depending upon the exigencies. In such case ,you would be required to pay the organization the gross sallary for the notice period so reduced/waived off" . But when I went to resign to my hr portal notice period showed 90 days.This was not communicated to me. I selected the option to not serve notice period and chose the last date as a month after and submitted the resignation. After resigning I recieved autogenerated mail stating that resignation process has been started . It also mentioned "If you are not serving your full notice period as per the policy then notice period recovery will be done on your gross salary. " What are my options here ? Can they force me to serve notice period and refuse payout?

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Quick Summary

An employee discovered their company had unilaterally changed their notice period from 30 days to 90 days without prior notification, despite their offer letter stating 30 days. Upon resigning and opting to pay for the waived period, they received an email confirming salary recovery for the unserved notice. The discussion explores the employee's options, including pointing out the discrepancy to the company, seeking representation through a staff union, or considering legal action, while highlighting that both parties are bound by the original offer letter's terms.

Isaac Gabriel (Expert) 11 November 2020
If you are having staff union, you can make representaion.If you go in for legal actio it will prolong facing hardships and agony.

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P. Venu (Expert) 11 November 2020
You point out the incongruence to the notice of the company.

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Advocate Bhartesh goyal (Expert) 11 November 2020
Both you and company are bound by the terms and conditions of appointment letter/ offer letter
Company can not enhance notice period deliberately.Issue notice to company in this regard.

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SHIRISH PAWAR, 7738990900 (Expert) 11 November 2020
Hello,

You have already agreed with the terms and conditions that if the notice period is reduced you have to pay to the organisation gross salary for the notice period so waived/reduced. So you took the option for a waiver of notice period so they send email about payment of gross salary in lieu of notice period.

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Rajendra K Goyal (Expert) 11 November 2020
If the Company does not agree to abide by the accepted terms and conditions of appointment, send legal notice and approach law against the company.

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Dr J C Vashista (Expert) 12 November 2020
Only accepted terms and conditions of service shall govern your case, in case of any arbitrary change in policy / deviation/ discrepancy you may represent through Union/ a local prudent lawyer by issuance of legal notice.

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