Upgrad LLM

notice period change to 3 months


My friend is working for an IT MNC in Mumbai, India.

At the time of joining the company, the notice period was 1 month and it is in his hard copy agreement signed by him and the company. After few months the company send everyone an email changing the notice period to 3 months. They have not asked the employee to acknowledge nor they have give any hard copy that is signed by them or by the employee.

In such situation, what are  options legally? Can a email communciation to change the notice period be a legal document?

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Dear Querist,

Once they have entered into a contract providing for 1 month notice period, they cannot afterwards unilaterally change it to 3 months - any change/variation/novation(substitution of old contract with new one) can be done only with consent of both you and employer. This particular term is not binding on you and is as good as none, your silence even cannot be taken as implied admission of the term. 

However my opinion is still subject to a perusal of the email and original contract. 

 
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Thanks Bharat, so can my friend leave the company by giving one month notice period? What if the employer says that it was communicated in email that notice period is change to 3 month and does not relive him after serving one month notice? What can he do in such case so that he can be relieved in one month as per the original contract?

 
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FIN

Mr. Chugh has given valuable advice. Kindly follow it, and consult on  the contents of email and appointment letter. Alternatively the scanned copies may be posted. For maintaining the confidentiality the names etc may be erased.

Many of the employers mention in the appointment letter that terms and conditions communicated from time to time shall be applicable. Many of the employers enforce and apply conditions communicated by email.

If the employee has decided to separate and has firmed up next venture he/she may submit gentle dissent to email by email and forward/retain a soft and hard copy.

The employee may also obtain copy of the certified standing orders and employee rule book of the company which are to be displayed at the entrance or might be available at HR page of the intranet/employee portal. These are to be circulated to the employees.

While submitting the notice of resignation employee may mention the notice period and effective date of resignation, referring to clause no…… the appointment letter dated……..and express that subsequent to the issue of appointment letter no change in any terms and conditions has been accepted.

 

 
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There cannot be unilateral alteration of terms & conditions of any agreement. Agreement itself means that, the parties to the agreement have mutually consented to such terms. Alteration power cannot be taken away by one party and then such agreement cannot be treated as agreement at all. If  the notice is not acknowledged as stated above in the query it will not have any binding effect on the party who is addressed with such notice. 

 
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