Hi All, In my offer letter when I joined, notice period was 1 month later they included below statement it's been increased 2 months. now am serving notice period. kindly help with solutions. Request you to help me with notice period buyout options.
This is maintained in the offer letter: This appointment is subject to one months’ notice in writing by party subject to the following additional obligations where termination takes place in following
Termination of employment by you:
You are required to provide us with a minimum if 1 months notice if you decide to terminate your employment with us in the event that you.
1. Fail to provide a minimum of 1 months’ notice; or 2. Fail to work through that 1 months’ notice period and co-operate in an orderly handover of your work, you shall forfeit the equivalent pay in notice.
If having agreed to provide this period of notice when terminating your employment, you nonetheless fail to give or work that period of notice, then you shall forfeit the equivalent pay in lieu of notice.
Maintained in the increment letter:
Revision in the period of notice for termination of employment. The company having regard to the exigencies of business and to ensure uniformity and continuity in the period of notice for termination of employment in non-director level employee category, the notice period stated in your letter of appointment stands revised from 1 to 2 months. The said change will come into effect from Apr-16.
I have joined in the Sep 2015, completed 2 years with organization. Request you to help me with buyout options.

From India, Mumbai
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If you have accepted the notice period change dated Apr 2016 (in writing), then you are bound to follow that and otherwise as per your original offer letter only.
From India, Bangalore
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Dear Narhima,

I think your company made a smart move by adding the clause regarding notice period change in your appraisal letter, which you must have acknowledged in writing. Therefore, yes, you are bound to serve or pay in lieu of a 2-month notice period.


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Thank you for your reply, sir. I didn't accept in written or verbal. But they stated it's changed as per appraisal letter. Now my 1-month notice will complete on 5th November 17. I am awaiting approval. As per my offer letter terms, it is mandatory to have approval for buyout.
From India, Mumbai
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Dear Narshimha,

You mentioned that according to you:
1. The appointment letter issued and accepted under your signature stated that the notice period was one month.
2. Subsequently, there was a change in the terms of the notice period from one month to three months.
3. Have you signed this altered time period as an acceptance?

If your answer to statement No: 3 is No, then you are bound by the one-month notice period as specified in the appointment letter. Please refer to the appointment letter number and date for clarification.

From India, Mumbai
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KK!HR
1656

The question of whether the notice period should be one month or the revised two-month period is a matter of fact, and each side will have their own arguments in favor. However, you appear to be in a better position. Hopefully, there is no general clause binding you to the company policy as it may be modified from time to time. Typically, most companies include such a safety clause. Please verify this.

Regarding the buyout of the notice period, it is an option that lies with the employer. According to the company rules in your case, the service during the notice period must meet their satisfaction, or else the salary amount can be deducted. Therefore, even after completing the notice period, there is no guarantee that they will not deduct the notice pay. Negotiating with your superiors to reach an agreed sum, paying it, and bidding farewell seems to be a better option.

From India, Mumbai
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