• Legal advice required

Dear Sir,
I am working with a mnc company in India from last five years.
As per my appointment letter I need to serve 3 months notice period if I will leave company within 2yr from the data of joining.As I have completed 5yrs. No notice period is applicable.

But during last appraisal,I got letter from management with revised salary.In the same letter it is mentioned " Further it is informed that by virtue of this amendment notice period as per your service condition now stands amended to 3 months,reducible as per the discretion of management".

I have an opportunity with other company.But I am getting only 1 month time to join.

Please let me know legal implications....
Asked 6 years ago in Labour

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10 Answers

You can join without serving notice period.

The said bond is against wanton poaching but in no way enslave you for 3 months.

In worst scenario it can bring civil suit for damages which takes decades to end. Apart from this there is nothing to worry much.

All the best.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

1) you have to serve the 3 months notice period

2) it is at discretion of company tj reduce notice period

3) offer to pay salary in lieu for shortfall in notice period

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

You must give them one months notice period and leave. By law they are bound by the terms of your appointment letter unless ofcourse they have ammended the terms itself.

Saptarshi Banerjee
Advocate, Kolkata
220 Answers
6 Consultations

4.5 on 5.0

1) once you have accepted the amendments of notice period it is binding upon you

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

1. You can either give notice or pay/refund your salary i lieu of the notice period.

2. Since you have not yet accepted the arbitrary amendment imposed by your Company, you can leave now.

3. However, it is not advisable to leave the company with dispute since finally the employee suffers as the Company may refuse to issue release letter.

4. If your new Company is ready to accept you with out any release letter from the earlier Company then you can afford to lock horn with your present Company, otherwise not.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

1. If you have accepted the amended rule about notice period which was communicated/offered to you with salary revision then it evidences that you have already accepted the said amendment.

2. You shall now have to refund/pay the salary in lieu of the balance notice period if your Company refuses to redice your notice period.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

Not much as I said earlier.They hardly pursue the employee when they leave the company without notice period.

So i di not think there is great chance of litigation if you join the new company.

Only adverse impact would be that they may refuse to give you Release Letter.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

If you have accepted the terms of the company while allotting you the increment of promotion, you are bound by the agreement.

Hence you may have to adhere to the rules laid down therein.

You can look for the buying option by which you can get relief as desired.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

They have amended the notice period in revised salary letter.....which I have accepted at that point of time......is there any legal implications...

The impact is that you have to serve the requisite three months period since you have accepted the renewed conditions during the revision of the salary

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

The letter from the management, which you accepted, mandates a 3 month notice period. So it is sacrosanct. Since the notice period can be reduced or waived at the discretion of the management you should persuade them to exercise their positive discretion in your favour.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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