• Notice period

I work in bank from last one year. At the time of joining offer letter indicates that notice period will be 1 month. But suddenly last week HR department has revised notice period ie changing from 1 month to 3 month. Now they are asking me to sign consent. Till now I haven't sign any consent but required to sign due course. I am about get an offer from another employer where I have told 1 Month at time of interview. Now I am worried about new employer may revoke offer after listening 3 month notice. Is there any legal advice whether I may not sign consent of revision of notice period or any legal advice for buy out notice period if current employer deny to relieve in one month?
Asked 7 months ago in Labour

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11 Answers

1. Since you have not signed the consent letter received from HR Department till date, confirm from the prospective employer regarding confirmation of the offer in writing.

2.  After getting confirmation from your prospective employer and offer letter, submit your resignation to the present employer with one month notice period only, as you haven't signed the consent letter of HR for three months' notice period.

Shashidhar S. Sastry
Advocate, Bangalore
5427 Answers
330 Consultations

hi 

As per the previous agreement, you are bound by a one-month notice period. If you sign a new contract with a three-month notice period, that new contract will apply to you. However, if you have found another opportunity, you can resign according to the terms of the previous contract since you have not signed the new agreement. Your employer cannot force you to sign a second agreement with a three-month notice period. If they try to do so, you can mention this as a reason for your resignation. You are not obligated to sign the second contract if you have found another job. You may resign with one month's notice period as per the contract and labor law.

Romesh Pratap Singh
Advocate, Gwalior
23 Answers

  1. Revision of offer letter by employer subsequent to joining is not permitted.
  2. You are not bound to give consent to revised terms of notice period. Once consent is given you will be stuck there.
  3. Seek relieving with offer to serve notice period and fnf and join other employer.

Ravi Shinde
Advocate, Hyderabad
4279 Answers
42 Consultations

Refuse to give your consent for 3 month notice period 

 

2) try to delay as much as possible 

 

3) if you get the offer resign and serve one month notice period 

 

4) you can offer to pay salary in lieu of notice period but it is for your employer to accept it or not 

Ajay Sethi
Advocate, Mumbai
97249 Answers
7855 Consultations

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Except, recovery of the said amount, company cannot harm you for the same

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, both the parties are bound to comply the terms of the agreement signing at the time entering into contract i.e. Offer letter, and hence the bank cannot force you to sign an extension of notice period. 

- However, you are free to pay the notice period legally , and the said bank cannot refuse for the same. 

- Hence, you are on liberty to joint another company after giving resignation  and to serve or pay the notice period which is mentioned in your offer letter. 

 

Don't forget rating Positively. 

Mohammed Shahzad
Advocate, Delhi
14650 Answers
224 Consultations

If you are sure that you will get an offer from another employer than in such situation rather than signing the new contract with your old employer, you should serve him 1month notice as per your old contract/offer letter. As it was consented by you both, it will be binding on you as well as on your employer and you can legally do so until and unless you do not sign the new contract or their exist no clause in your old contract which binds you to sign the new contract.

Vishek Vats
Advocate, Delhi
90 Answers

The notice period can be bought and employee can be relieved 

Prashant Nayak
Advocate, Mumbai
32680 Answers
207 Consultations

The question is whether your service conditions say that the notice period can be increased by the employer in future and such revision shall bind the employee automatically. If it is so, you are bound to give your consent. Otherwise, you may refuse to do so.

Swaminathan Neelakantan
Advocate, Coimbatore
2938 Answers
20 Consultations

Dear client, if you want to join in new job you can by serving the 1 month notice notice period at present job, as you have consented and signed for 1 month notice period. If you have signed the new 3 month notice period clause then you have give 3 month notice period to the present bank. And also you are not obligated to sign the revised notice period unless it is mentioned in the agreement that the employer can change the notice period.

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

Since the notice period on resignation was only one moth as per the employment offer letter that yo have signed, you can stay on it, you refuse to sign the consent letter, they cannot force you to accept the subsequent amendment.

As you are looking for another employment elsewhere, you can tender your registration without accepting the latest amended policy to observe the 3 months period becasue you have not signed it neither the  earlier rule mandated  the three months notice period  

T Kalaiselvan
Advocate, Vellore
87451 Answers
2348 Consultations

You can’t be forced to sign the consent or revision. Explain to the current employer about the dilemma you’re facing. Having said that, incase they do not cooperate despite listening to your ordeal, then also they cannot force you to sign the consent for revision 

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

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