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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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 2 Replies

Ritesh Maity (Labour Law Advocate)     03 February 2021

Terms of employment cannot be changed at the whims of the employer. Proper procedure is to be followed along with the acceptance of employee is required to change such terms of employment. In your case, there is neither acceptance nor proper procedure was followed. You can easily resign with one month's notice period in terms of your appointment letter. 

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Guna   08 February 2021

Hi Ritesh, Thanks for the reply. Below is the email i received by HR back in 2018. I replied and told as i am not accepting it. 

My query is if it is an  amendment ( clause 5.1 which i don't see in appointment letter might be they kept the company policy somewhere) will this mandatory be even if i not agree to it ? don't i have the right to agree or disagree ?  The below email came with HR signature, not with letter pad or any CEO signature. 

"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.
If this notice period is not served for any reasons, you will be bound to make the loss suffered by the company and any other charges/liabilities Company/Client incurs.
 


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