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Vikram (lead)     17 July 2011

Is a 60 day notic period of RESIGNATION legal?

I work for a MNC call-center.

After 10 years my company is now initiating a 60 day notice period for resignation, which would be difficult to serve as the new company will not agree to wait for such a long duration.

Also, is it legal for a company to DEMAND it?(by issuing new papers) as it impacts even people who would want to quit due to medical or personal reasons like wedding, pregnancy, accident, better prospect etc,.

Please advise.



Learning

 8 Replies

V. VASUDEVAN (LEGAL COUNSEL)     18 July 2011

What were the intial terms of appointment. It is most imporant. Also there ought to be a clause, reserving the employer's right to change or alter the terms! - provide more details for appropriate advice.

vasudevan

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     19 July 2011

If there is no such condition in the appointment letter, the employer cant ask you to serve the 60 days notice but 30 days notice is enough to comply legal formalities. you can send it via registered post to get it signed by the concerned person.

Kumar Doab (FIN)     19 July 2011

Learned Mr. Vasudevan and Mr. Meneon have given valuable advice. Kindly revert with details.

You must carefully read the communication sent to you regarding the change in notice period. Company might have written, company can reject notice pay in lieu of notice period, or employee can not tender notice pay in lieu of notice period etc...It shall be appropriate to show it to elders in the family, competent and experienced persons/well wishers, known to the family, lawyer/law firm before taking a final call on accepting the new terms.

Company reserves the right to formulate policies which suit it as per the ever changing business environment. Usually companies increase the notice period when they want to put a check on attrition and buy more time to find and train replacements, and they decrease the notice period when they have tested most of the employees and have decided to separate.

 Employee must also update them on what suits them most and what can be detrimental to the interests. If you concur with one clause and do not with others you should clearly reject in writing and obtain proper acknowledgment. If you do not agree with the revised terms at all you can reject to accept. It is almost certain that you shall have to face sessions with your reporting authority/HR.

If you do not give your acceptance, the revised terms shall ideally be not applicable to you. You may post the details of your appointment letter.

Still waters run deep.

Rolling stone has more mass.

Be smart.

 

Shreyas Zinjarde (Advocate/Consultant)     20 July 2011

A notice of change is necessary as it would be changing the service conditions of the employees.


(Guest)

If the company has altered the resignation period condition without taking the employees in confidence, you can raise objection expressing your humble dissent for acceptance of the said condition.


(Guest)

Yes it is legal. In case of resignation you will have to compensate the company for 60 days salary and if the company terminates your services, You will get 60days notice salary.

Since you are 10 years old. You must be getting increment every year. Please check did the company at any point of time informed you that your notice period is 60 days. If yes, did you accpet the same.

If yes, You are bound to complete the 60 days notice.,

Kumar Doab (FIN)     01 August 2011

Learned experts/members have given their valuable advice. If you do not want to concur, do not submit the signed copy towards your acceptance and submit gentle reply that you do not accept 60 days notice.

jagadish paranjape (Advocate)     28 January 2012

Every employment is a contract and the terms of that contract is the letter of appointment.If in your appointment letter the notice period is stated to be 60 days,that shall prevail.If nothing is prescribed,the courts shall insist on reasonable notice period.It would depend on the post and the responsibilities and can be 30 days at the lowest.If some notice period is mentioned in letter of appointment,the same can not be varied without your consent.


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