It is 2.5 Years with my current organization. I join the organization as \"Deputy Manager\" and according to my appointment letter notice period is 1 month. But after some time i m promoted to \"Manager\" with an official letter from the company without any clarity on notice period.
And when i put my resignation letter the HR department want me to serve the notice period of 2 months. on asking for the reason they say \"Kindly refer the para 6 of your offer letter which says that you are abide by all the rules and regulations of the company in force and as framed from time to time. It is also to be noted that your appointment was as Deputy Manager however you were promoted to Manager vide this office letter dated 7th June, 2013. As per company policy Managers are required to serve two months’ notice period.
Your resignation is accepted, if you are fail to complete your notice period the necessary actions will be taken as per company norms.\"
Please suggest

From India
If the Company policy states that all managers have to serve 2 months notice then you will have to abide by it.
I hope you have access to the exit/resignation policies, if not ask your HR to share the same with you.
Please bear in mind, when you get promoted, your salary and authority increase, the same applies to other factors like notice period.
It's common logic that people at senior positions are more valuable to the Co. hence their notice period is longer.

From India, Pune
If the company contends that the one month notice period in the letter of appointment is applicable to the post of Dy. Manager and then by the same breadth, the clause in the said letter of appointment stipulating that you will abide by the rules of the comapny as modified from time to time, will also apply only to modifications done to the rules pertaining to the post of Dy. Manager during your tenure as Dy.Manager.When the servcie conditions relating to the post of Manger are different from those of the Dy.Manager, they need to put you on notice of them on your promotion as per the principles of natural justice as well as the principles of contarct so that you would have exercised the option to accept the promotion or not. Though such contentions can be made, it is alwys prudent to settle the issue amicably as it is not expedient to indulge in litigation on such matters.
B.Saikumar
HR & Labour law Advisor

From India, Mumbai
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