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(Guest)

Notice period increased from 30 day to 90 without consent

Hello All,

My company has increased the notice period from 30 days to 90 days. This was circulated on email on 25th June 2021 and I have resined on 30th June, I have not signed any document regarding this and now the company is asking me to serve 90 days notice period. They are denying to give relieving letter if I do not serve 90 days notice period. Can someone please confirm if this is applicable legally?



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 1 Replies

BHAVYA SOM GARG   17 July 2021

As per your situation, I must tell you that you are not obligated to undertake the updated 90-day notice period, considering that your appointment letter would be having the clause of 30-day notice period and since this appointment letter is binding upon you and the organization, you are obligated to serve only the 30-day period.  

Nowadays, various companies put a variation clause in their employment contracts, which gives them the power to bring changes in the contract if and when they want. But it should be noted here that such a change in the contract needs to be properly communicated to the employees, and their acceptance should be sought before such updated provisions become binding upon them. In the present case, though the company communicated the change to the employees on 25th June, the same was not accepted by you, therefore, the updated terms won’t be applicable to you, since the communication of acceptance was not completed and hence no agreement was made. Consequently, no contract came into being. So you can be relieved on 30th June and the company is obligated to give you the relieving letter.


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