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ahsan taha   10 June 2023

Company extended notice period without employee concent

I work in a Company and today i have given resignation and my HR & Manager telling that I have to work 90days in notice period but in my contract it's clearly written that I have to serve for only 60 days. Now they are saying that company policies has changed.. please help me what to do next.. do i need to stick with my contract or do i need to complete 90 days of notice period.


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     10 June 2023

You don't have to serve 90 days even though the company policy has been changed after your recruitment.

You tender the resignation mentioning your last working day after 60days from the date of letter and stop attending the office after that.

You can resort to legal action after that if the company is relieving you after that also.

1 Like

ahsan taha   11 June 2023

Please note that effective today, 6th February 2023, all employees in India are expected to serve 3 months’ notice from the date of resignation. This is applicable only to employees who have completed their probation period.

As per our local labour law compliance, this is a standing order from the organization.

HR will initiate the acknowledgement forms via email in the next few days.

We thank you for your understanding and co-operation.


This newsletter i got from my company. They are saying to complete 90 days as notice period.

T. Kalaiselvan, Advocate (Advocate)     11 June 2023

It is written that you have to acknowledge the change in policy. 

It means it cannot be implemented against you without your consent. 

You can put down your papers as per your own plan which is in accordance to the law prevailing at the time of joining the employment. 

ahsan taha   12 June 2023

Thank you sir for your guidance on this matter. Anyways management isn't listing me. They are on there policies. If I leave company after serving 60 days as notice period. Do they have any legal rights to take any legal action against me?

LCI Thought Leader Rajesh Tandon ( Col (Retd))     26 August 2023

The one-sided extension of the Notice period is not supported by the law and is therefore void. As you stated that you delivered the notice as required and that the notice time had ended, it is important to highlight that you should have documentation proving that you served the notice and the date on which you did so. For instance, sending them a letter alerting them of the same is sufficient.

However, if you have personally sent it and you don't have a letter of response or any other documentary proof, strive to obtain one. You are under no obligation to continue working for your current employer once this is over. They are relieving, so it makes no difference if you are not. Simply send them a letter stating that you gave me notice in a timely manner and that despite my request, you have not released me.

The Hon'ble Supreme Court of India decided whether accepting a resignation is required in cases where an employee has issued a notice of resignation in its decision dated November 01,2018, in the case of SanjayJain vs.National Aviation Co.of India Ltd[3].

The Apex Courtex plained its stance on accepting resignations, stating that "to resign is a right of an employee who cannot be forced to serve in the even the is not willing until and unless there is some stipulation in the Rules or in the terms of appointment or disciplinary proceedings are pending or contemplated which is sought to be avoided by resigning from the services"

To conclude, the condition of working 60 days during the contract will be binding between the employer and you, so stick with it.

Ritesh Maity (Labour Law Advocate)     26 January 2024

Notice period is a service condition and service conditionc cannot be changed unilaterally. In order to change the service condition, company is required to issue notice of change. Since no notice was given, you are required to abide by your initial terms of employement i.e. 60 days notice period. You cannot be forced to serve 90 days notice period.

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