Guna 02 February 2021

Notice period extension

I am working in a company for past three years and my appointment letter says one month as notice period. After sometime i have received an email communication telling my notice period changed to two months and it doesn't came with any condition, its one way communication. I never accepted this via email.

Now I wanted to resign but the HR people are telling my notice period as 2 months. My appointment letter as no such conditions. Can I fight this in labor court ?

Will this work on my favor if i go to court ?

Urgent please , i don't want to miss another offer

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5 Replies

Kevin Moses Paul 03 February 2021

As per your situation let me tell you than an employee can only extend his notice period if he wishes so, otherwise an employer has no right legal right for extension of notice period against the wish of his/her employees.

Yes, you should proceed to file a case in labor courts as you have valid reasons and urgency.

Hasan Kirmani 04 February 2021

Yes you can proceed with the legal case putting your original letter of appointment as a reference.

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Guna 04 February 2021

Thanks Hasan & Kevin.

Can this be filed anywhere in India or only valid where the company is located.

Also will it get an answer in one month ? as it is urgent for me

Hasan Kirmani 05 February 2021

It depends on the Lawyer you choose and the court proceedings.

Guna 08 February 2021

Below is the email i received some times back. i have replied telling that i am not agreeing on a two months notice period. Now they are telling the notification has been sent already regarding this. Is this applicable even if i disagree ? don't we have right to reject or accept ? please advise

"In furtherance to the Appointment Letter issued, we would like to inform you that there is an amendment with reference to clause 5.1 that your notice period has been extended for 2 months instead 1 month as per the notification received from the client"