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Alleviate Sound   31 January 2024

Notice period days changed

At the time of joining my company wijungle told me I have to serve 45 days notice.

However recently after 10 months they sent me a mail citing for clarification, the days mentioned in your offer letter meant 45 business days and will not include any holidays and weekends. Is this legal in India? How can they do this without specifying this at the time of joining?

Also, Is it legal to work overtime, and on weekends and holidays without compensation if the employee is not in position to deny the work. What can be in this case where you are expected to work more than what has been specified in the offer letter. The offer letter did mention as per business needs you need to be available but does it mean to work like that everytime without compensation?

Please advise me on this matter

Thank you 



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     31 January 2024

The conditions of employment and that of leaving the company cannot be changed at the whims of the company as and when they like to.

You can challenge the same at time of resignation appropriately.

There is no necessity for you to work overtime if there is no proper compensation for overtime work.

you can refuse to work extra time if company is not willing to compensate.

Dr. J C Vashista (Advocate )     01 February 2024

Terms and conditions of appointment has to be amended mutually and not unilaterally by employer.

Such an amendment, if any, is invalid and illegal, you can deny and assail it.

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