Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SCUser Emplyee (f)     17 August 2021

Appointment letter not shared during time of joining and notice period shared unilaterally through policy handbook

Hi,

Joined a company on May 2019. But I never received an appointment letter from them. They unilaterally changed the notice period from 3 months to 2 months last year. Then from 2 back to 3 months a few weeks ago. I resigned 5 days after the change in notice period from 2 to 3 months. Should I serve the 3 months notice even though the notice period change was unilateral through a policy handbook, and the fact that an appointment letter was never even shared with me, let alone signed by me?

When asked for the initially signed appointment letter, they shared with me a recently created, back dated appointment letter without my signature obviously.
I'm trying to negotiate with the team to reduce the notice period in lieu of my leaves but they're not agreeing with that option. What are my options here?


Quick Summary
A recent joiner is questioning their notice period obligation after the company unilaterally changed it via a policy handbook, not an appointment letter. They joined in May 2019 and never received an initial appointment letter, only a recently backdated one without their signature. The notice period was changed from 3 months to 2, then back to 3 months, and the employee resigned shortly after the last change. They are seeking advice on whether they must serve the full 3 months, especially given the lack of a signed appointment letter and the unilateral policy change.

 3 Replies

Dr J C Vashista (Advocate)     18 August 2021

The terms and conditions of your appointment shall govern the subject accordingly you will have to serve 3 months notice, which may be modified / agreed by management / employer

SCUser Emplyee (f)     19 August 2021

Thanks for the reply, Sir.

But the appointment letter was never shared with me during the time of joining.

Would it still govern the subject?

Thanks

Dr J C Vashista (Advocate)     19 August 2021

Of course, it will govern.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register