Working as an area sales manager, I got an appointment letter with 60 days notice period but in company employee portal it's shows 90 days. Can I be legally bonded to serve 90 days notice period?
From India, Pune
From India, Pune
Normally, in the absence of such a provision in the Certified Standing Orders, the clause in the appointment order shall be acceptable. But if the company has a standing orders (certified) and that provides for 90 days notice period and the appointment order provides a different period, then the period mentioned in the standing orders shall be maintainable. The clause in the webportal MAY not have the same legal validity as a standing order. But if it is as part of employee handbook, the same shall overrule the appointment order.
From India, Kannur
4249From India, Kannur
Mr Madhu has described the matter well. The clause in an appointment letter is valid, so in your case 60 days notice period is applicable.
The company's employee portal for 90 days notice is not maintainable. Because, the appointment letter clause is an agreement between employer and employee, therefore, appointment clause stands valid.
From India, Mumbai
The company's employee portal for 90 days notice is not maintainable. Because, the appointment letter clause is an agreement between employer and employee, therefore, appointment clause stands valid.
From India, Mumbai
The legality of a notice period and its duration depends on your employment contract and local labor laws. In many jurisdictions, it is common for employment contracts to include notice periods, and employers can legally require employees to serve notice periods as specified in the contract. Here are some general principles to consider:
Contractual Agreement: If you signed an employment contract that specifies a 90-day notice period, you are generally legally bound to fulfill that obligation. Failing to do so may have legal and financial consequences.
Local Labor Laws: Labor laws vary by country and even by region, so it's essential to consult the labor laws applicable in your area. Some jurisdictions have regulations that limit the maximum notice period that can be enforced, while others do not have specific restrictions.
Negotiation: In some cases, you may be able to negotiate a shorter notice period with your employer. This is often done through mutual agreement between you and your employer. However, both parties must be willing to amend the contract.
Mitigating Factors: In certain situations, such as a hostile work environment or a breach of contract by the employer, you may have legal grounds to challenge the notice period's enforceability. Consulting with an employment attorney in such cases is advisable.
Company Policies: Review your company's HR policies and any collective bargaining agreements that may apply to your situation. They may provide additional insights into notice periods and their enforcement.
In summary, while a 90-day notice period may be legally binding, it's essential to review your employment contract, understand local labor laws, and consider negotiation or potential mitigating factors if you wish to modify the notice period. If you have concerns or questions about your specific situation, it's a good idea to consult with an employment attorney who can provide guidance tailored to your circumstances.
From India, Thane
Contractual Agreement: If you signed an employment contract that specifies a 90-day notice period, you are generally legally bound to fulfill that obligation. Failing to do so may have legal and financial consequences.
Local Labor Laws: Labor laws vary by country and even by region, so it's essential to consult the labor laws applicable in your area. Some jurisdictions have regulations that limit the maximum notice period that can be enforced, while others do not have specific restrictions.
Negotiation: In some cases, you may be able to negotiate a shorter notice period with your employer. This is often done through mutual agreement between you and your employer. However, both parties must be willing to amend the contract.
Mitigating Factors: In certain situations, such as a hostile work environment or a breach of contract by the employer, you may have legal grounds to challenge the notice period's enforceability. Consulting with an employment attorney in such cases is advisable.
Company Policies: Review your company's HR policies and any collective bargaining agreements that may apply to your situation. They may provide additional insights into notice periods and their enforcement.
In summary, while a 90-day notice period may be legally binding, it's essential to review your employment contract, understand local labor laws, and consider negotiation or potential mitigating factors if you wish to modify the notice period. If you have concerns or questions about your specific situation, it's a good idea to consult with an employment attorney who can provide guidance tailored to your circumstances.
From India, Thane
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Notice period.jpg
Notice Period Extension Letter Format.doc