Hi all,
I have been working with a multinational company for the last 5 years. As per my appointment letter, my notice period is one month. Last year, I received an appraisal letter where I had been promoted to a senior level, and the notice period was changed to 2 months. Recently, I was sent abroad for a project, and prior to my travel, no discussions or official communications were made regarding any contract to be signed or any change in the notice period.
Upon my return, I have been verbally informed by a superior that my notice period has been changed to six months. I haven't received any letter or official communication through mail regarding this, and the communication is just verbal. I haven't agreed to the change either. Though I am not planning to leave immediately, I feel cheated and arm-twisted into accepting something I don't want.
My query is, is it possible for a company to unilaterally decide a change in the notice period without consultation with the employee and without any verbal or signed consent from the employee? If I am served with an amendment letter, what should I do? If I refuse to accept the amended notice period, is it still valid, and when I resign, am I liable to serve the six-month notice period?
Please help.
From India, Bengaluru
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I have been working with a multinational company for the last 5 years. As per my appointment letter, my notice period is one month. Last year, I received an appraisal letter where I had been promoted to a senior level, and the notice period was changed to 2 months. Recently, I was sent abroad for a project, and prior to my travel, no discussions or official communications were made regarding any contract to be signed or any change in the notice period.
Upon my return, I have been verbally informed by a superior that my notice period has been changed to six months. I haven't received any letter or official communication through mail regarding this, and the communication is just verbal. I haven't agreed to the change either. Though I am not planning to leave immediately, I feel cheated and arm-twisted into accepting something I don't want.
My query is, is it possible for a company to unilaterally decide a change in the notice period without consultation with the employee and without any verbal or signed consent from the employee? If I am served with an amendment letter, what should I do? If I refuse to accept the amended notice period, is it still valid, and when I resign, am I liable to serve the six-month notice period?
Please help.
From India, Bengaluru
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The company should have discussed the whole matter of the foreign trip with you and the change in the notice period consequent to the foreign trip/project. Mutual agreement is necessary, and that too should be documented in the proper form before the notice period is changed from what was originally stipulated as per the appointment order. If you now resign and want a 1-month notice period, the company will create problems. So, it's best to discuss with the company and get a mutually agreed notice period. The company always has the upper hand - you need relieving documents when you exit, but the company will create problems. The alternative you have is a judicial remedy, which is time-consuming. So, on some matters, one needs to negotiate and compromise (in practical terms).
Has your company made the same change in the notice period with other employees who have been deputed abroad? Discreetly find out from other employees as well.
From India, Pune
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3251Has your company made the same change in the notice period with other employees who have been deputed abroad? Discreetly find out from other employees as well.
From India, Pune
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Thank you, sir, for the reply.
So far, the matter hasn't been brought up again. A performance and pay review is happening soon, so maybe they are planning to bring it up then. I know for a fact that a colleague who traveled abroad around the same time as I was given a pay review letter with a 3-month notice period, so it's not uniform for everyone. Before the situation comes where this is discussed again, I wanted to be sure of my rights as an employee.
From India, Bengaluru
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So far, the matter hasn't been brought up again. A performance and pay review is happening soon, so maybe they are planning to bring it up then. I know for a fact that a colleague who traveled abroad around the same time as I was given a pay review letter with a 3-month notice period, so it's not uniform for everyone. Before the situation comes where this is discussed again, I wanted to be sure of my rights as an employee.
From India, Bengaluru
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