• Employer increased notice period without consent

Hello,

I am currently working with non-IT company as Sr.System Engineer. I have given my formal resign letter on 4th May 2017 as per my offer letter I have to serve notice period of two months at time of my move i.e 4th July 2017. 

Now HR saying that we have re-newed notice period policy on 1st May 2017 , as per new notice period policy I have to serve 3 months notice period instead of 2 months.

most weird part is notice period policy changed they informed me after my resignation on 5th May 2017.

Please help me how I can speak/write to my HR Head.

Regards
Rupesh
Asked 7 years ago in Labour

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6 Answers

You will not be bound by the change of policy and your employment conditions will be continued to be governed in terms of your initial employment agreement. Therefore, you still need to serve only for a period of 2 months. Try to convince by speaking to your HR and tell him that the amendment in policy will be applicable and not prospectively. In case even this helps, send a legal notice if they fail to treat this period of 2 months as sufficient period of notice.

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Yes i can

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

New notice period is not binding upon you

2) you submitted resignation on 4th may 2017 and as per terms of appointment letter you have to serve. 2months notice period

3) you have never agreed to extension of notice period to. 3months an dit is not binding upon you

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

Send letter to company quote terms of your appoint,ent letter that 2 months notice is required

Mention that there was no communication from management about increase in notice period

That change in terms of notice period was never accepted by you

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

Now HR saying that we have re-newed notice period policy on 1st May 2017 , as per new notice period policy I have to serve 3 months notice period instead of 2 months.

most weird part is notice period policy changed they informed me after my resignation on 5th May 2017.

Please help me how I can speak/write to my HR Head.

The reply and the attitude of the HR is illegal and unlawful.

The HR cannot change the rules at its whims and fancies.

The change in the policies have to be intimated to the employees by following the procedures of law.

In your case you are employed based on the terms and conditions that was agreed by both the sides through the employment offer letter.

You can take up this mater legally if the HR is not listening to the representations made by you.

Please remember that the HR is not an authority, he/she is also an employee of the organisation hence the decision can be made only by the director or the top management.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

Can you please help me to present better way in front of my HR head in a writing.

You can engage the services of any lawyer of this forum for the purpose and present your case in a proper and fitting maner.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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