I would like to explain the situation concerning one of my colleagues who is currently working as a Purchase Assistant in our organization.
My colleague joined the organization approximately two years ago and received an appointment letter specifying a one-month notice period. Recently, he received a better job offer from another company with an attractive salary package. While discussing the joining formalities with the new employer, he informed them that his existing notice period was one month. Based on this information, the new company issued the offer letter with a joining date of 30.11.2026.
Accordingly, my colleague prepared his resignation letter on 30.10.2026, requesting to be relieved within one month as per the notice period specified in his appointment letter. He also mentioned 29.11.2026 as his proposed relieving date in the resignation letter.
However, he could not submit the resignation letter on 30.10.2026 because the HOD was on leave from 30.10.2026 to 05.11.2026. Therefore, he submitted the resignation letter to the HOD on 06.11.2026. The HOD approved the resignation letter with the comment, "Relieve as per notice period."
Subsequently, my colleague submitted the HOD-approved resignation letter to the HR department on 07.11.2026 for further processing.
Meanwhile, on 04.11.2026, the HR department circulated an automated email informing all employees that the notice period had been revised from one month to three months, with retrospective applicability from 01.10.2026. Previously, the three-month notice period was applicable only to employees at the Assistant Manager level and above, whereas employees below that level were required to serve only one month's notice.
After receiving the resignation letter, the HR team contacted my colleague and informed him that he would now be required to serve a three-month notice period as per the revised policy.
My colleague explained that he was unaware of any such change in the notice period when he prepared and submitted his resignation. He further pointed out that his appointment letter clearly specified a one-month notice period and that he had accepted the new company's offer and confirmed his joining date based on this existing contractual condition. He also questioned why the revised notice period had not been communicated to employees in October if the organization intended to implement the change retrospectively from 01.10.2026.
The HR team subsequently discussed the matter with the HOD. However, the HOD did not agree to the request for a one-month notice period and instructed HR to ensure that my colleague served the revised three-month notice period. The HR team conveyed the same decision to him.
My colleague immediately approached the HOD personally and requested an exception to relieve him within one month, considering his existing appointment letter and the joining commitment already given to the new employer. However, the HOD did not accept his request and informed him that he must either serve the full three-month notice period or pay approximately ₹60,000 towards three months' notice pay to obtain an early relieving.
Unfortunately, my colleague is not in a financial position to pay such a substantial amount. At the same time, he has already committed to joining the new organization on 29.11.2026, based on the offer letter issued to him.
As a result, my colleague is now facing a difficult situation due to the retrospective revision of the notice period, which was communicated only after he had prepared his resignation and obtained another employment offer based on the original one-month notice period.
Please suggest the next course of action regarding the above.
Thanking you.
BV
