Hi, I am working in the IT sector. I joined my company in Jan 2014. In my appointment letter, it says:
"It is understood and agreed that this appointment, after confirmation, may be terminated by either party by giving to the other at any time, notice in writing of one month. The termination shall take effect at the end of such notice period."
Other Terms and Conditions:
During your employment, you will be subject to the service rules, regulations, and policies of the company applicable from time to time. The terms and conditions contained herein shall be read along with the instructions, guidelines, policies, etc., and amendments thereof as presently applicable to you and as may be amended from time to time and as may be made applicable to you by the company subsequently during the course of your employment.
In Jan 2017, the company revised the policy, and the notice period increased from 60 days to 90 days. Now HR is forcing me to serve a notice period of 90 days because the policy has changed.
I neither received any communication from HR via mail/ updated appointment letter nor acknowledged this at that time either by mail or signed document. What should I do? Can the company penalize me if I serve a notice period of only 60 days? How can I complete my FNF and obtain a relieving letter?
I tried to convince the HR Head, but she is not accepting this. She is insisting that I serve the 90 days notice period. What should I do? Please suggest... Should I seek legal advice?
From India, Delhi
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"It is understood and agreed that this appointment, after confirmation, may be terminated by either party by giving to the other at any time, notice in writing of one month. The termination shall take effect at the end of such notice period."
Other Terms and Conditions:
During your employment, you will be subject to the service rules, regulations, and policies of the company applicable from time to time. The terms and conditions contained herein shall be read along with the instructions, guidelines, policies, etc., and amendments thereof as presently applicable to you and as may be amended from time to time and as may be made applicable to you by the company subsequently during the course of your employment.
In Jan 2017, the company revised the policy, and the notice period increased from 60 days to 90 days. Now HR is forcing me to serve a notice period of 90 days because the policy has changed.
I neither received any communication from HR via mail/ updated appointment letter nor acknowledged this at that time either by mail or signed document. What should I do? Can the company penalize me if I serve a notice period of only 60 days? How can I complete my FNF and obtain a relieving letter?
I tried to convince the HR Head, but she is not accepting this. She is insisting that I serve the 90 days notice period. What should I do? Please suggest... Should I seek legal advice?
From India, Delhi
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1. You are bound to obey the terms agreed in the appointment order, company policies, and procedures. As the notice period is something to which both parties have agreed, a change in that should also be agreed upon by both parties. One party cannot make a decision and expect the other to agree. If you have not received any mail or any other communication explicitly, the HR of your company is wrong, and the officer cannot force you (may request) to serve a notice period of 90 days. This is an unfair practice and a clear violation of contract terms.
2. Normally, when companies change the notice period rules (e.g., 45 to 60), then for all newly hired employees, the appointment order will be issued accordingly. All other employees continue to have a 45-day notice period. After a few years, the company may increase it to 90, and this is for the new set of employees. Companies with lazy HR and no clue on employee engagement and happiness will do all this repair work and expect magic. My recommendation is to serve whatever period and get relieved from your current establishment. More debate with these kinds of people will fill you with negative energy.
Also, when you join another company, understand the company, their business, values, culture, talk to a few employees, see the visibility on social media, Glassdoor, and not just get convinced by the interviewers or HR or a hefty offer.
From India, Bangalore
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2062. Normally, when companies change the notice period rules (e.g., 45 to 60), then for all newly hired employees, the appointment order will be issued accordingly. All other employees continue to have a 45-day notice period. After a few years, the company may increase it to 90, and this is for the new set of employees. Companies with lazy HR and no clue on employee engagement and happiness will do all this repair work and expect magic. My recommendation is to serve whatever period and get relieved from your current establishment. More debate with these kinds of people will fill you with negative energy.
Also, when you join another company, understand the company, their business, values, culture, talk to a few employees, see the visibility on social media, Glassdoor, and not just get convinced by the interviewers or HR or a hefty offer.
From India, Bangalore
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Thank you very much, Sir. I have one more query. I have clearly stated in my communications to HR that I will serve only a 60-day notice period, as per my contract. Can the company issue an abscond notice against me? And how can I clear my FNF (Full and Final settlement)?
From India, Delhi
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From India, Delhi
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Please communicate the same to HR that you are bound to serve notice of only one month and will go legal if the company doesn't relieve you or hold your FNF. I suggest that if you have to join somewhere else, do this. If not, serve the notice, as sometimes when you leave in the middle of a project, HR may ask you to stay until project completion.
From India, Pune
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From India, Pune
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Thanks Aniket, I had a chat with HR Head regarding this he told me that company has changed the ploicy so you must serve 90 days notice period what should I do ??
From India, Delhi
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From India, Delhi
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HR should inform about changes in policies well in advance and not wait until someone resigns. Please verify if official communication has been received either by your HOD, through a notice board display, or with a revision in the HR manual before proceeding. If you are certain the information has not been communicated, you may send an official email regarding this and mention it on your last working day.
From India, Hyderabad
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From India, Hyderabad
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Alright, the company has changed the policy, but you didn't accept that change. Also, if an appointment is an agreement, then there should be mutual consent. However, there must be a clause in your appointment letter that the policy can be changed by the employer. Please check it.
From India, Pune
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From India, Pune
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It is understood and agreed that this appointment, after confirmation, may be terminated by either party by giving to the other at any time, notice in writing of one month. The termination shall take effect at the end of such notice period.
Other Terms and Conditions
During your employment, you will be subject to the service rules, regulations, and policies of the company applicable from time to time. The terms and conditions contained herein shall be read along with the instructions, guidelines, policies, etc., and amendments thereof as presently applicable to you and as may be amended from time to time and as may be made applicable to you by the company subsequently during the course of your employment.
From India, Delhi
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Other Terms and Conditions
During your employment, you will be subject to the service rules, regulations, and policies of the company applicable from time to time. The terms and conditions contained herein shall be read along with the instructions, guidelines, policies, etc., and amendments thereof as presently applicable to you and as may be amended from time to time and as may be made applicable to you by the company subsequently during the course of your employment.
From India, Delhi
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Dear manav11,
As per the rules of any policies or constitution, it has been unanimously accepted by everyone that when HR amends these policies, you must have heard and be aware of it. None of the HR professionals are so irresponsible as to hurt themselves with their own actions. However, if a new policy is made for new employees and you are not informed about it, then it stands that you are separated from this. Nonetheless, you should be aware of it, and your ignorance of not being informed is noted. If so, you may be penalized for absconding.
Although my words may seem stern, it is the truth. Please take this seriously and decide whether to leave in one month. If you are aware, please follow the HR instructions as given.
Thanks and regards,
Ashutosh (HR Gen.)
From India, Delhi
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As per the rules of any policies or constitution, it has been unanimously accepted by everyone that when HR amends these policies, you must have heard and be aware of it. None of the HR professionals are so irresponsible as to hurt themselves with their own actions. However, if a new policy is made for new employees and you are not informed about it, then it stands that you are separated from this. Nonetheless, you should be aware of it, and your ignorance of not being informed is noted. If so, you may be penalized for absconding.
Although my words may seem stern, it is the truth. Please take this seriously and decide whether to leave in one month. If you are aware, please follow the HR instructions as given.
Thanks and regards,
Ashutosh (HR Gen.)
From India, Delhi
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