Hi, I am working in the IT sector. I joined my company in January 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 policy of the company applicable from time to time. The terms and conditions contained herein shall be read along with the instruction, 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 January 2017, the company revised the policy, and the notice period has 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 or an updated appointment letter, nor did I acknowledge this at that time through either mail or a signed document.
What should I do? The company can declare me absconding if I serve a notice of only 60 days. How can I complete my FNF relieving letter? I tried to convince the HR Head, but she is not accepting this. She is forcing me to serve a 90-day notice period.
What should I do? Please suggest...
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 policy of the company applicable from time to time. The terms and conditions contained herein shall be read along with the instruction, 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 January 2017, the company revised the policy, and the notice period has 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 or an updated appointment letter, nor did I acknowledge this at that time through either mail or a signed document.
What should I do? The company can declare me absconding if I serve a notice of only 60 days. How can I complete my FNF relieving letter? I tried to convince the HR Head, but she is not accepting this. She is forcing me to serve a 90-day notice period.
What should I do? Please suggest...
From India, Delhi
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Dear Manav,
As you mentioned, if you have not signed or acknowledged the notice period clause, then no one can force you to serve a 90-day notice period. Try to convey the same to the HR department. If they are not receptive to this, you can approach the labor office in your area for further assistance.
Thank you.
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395As you mentioned, if you have not signed or acknowledged the notice period clause, then no one can force you to serve a 90-day notice period. Try to convey the same to the HR department. If they are not receptive to this, you can approach the labor office in your area for further assistance.
Thank you.
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