• Change in notice period from 1 month to 3 months.

Hello,

My name is Anurag and I work with an advertising agency. My company recently revised the notice period policy from a month to 3 months for all employees. At the time of joining, the appointment letter mentioned that it's going to be a month. They informed us of the change via an email and no documents have been signed for the same. People including me have missed out on a lot of good job opportunities citing the reason that nobody wants to wait for three months. Moreover, the email also said that if the company wants us to leave, they are only bound to give us a month's notice. I've been reading on the internet if this change is legally tangible and have gotten mixed opinions. I am looking for an answer and a way to leave the company giving a month's notice. 

Thank you!
Asked 3 months ago in Labour from NEW DELHI, Delhi

The employees would only be governed by the agreement which was executed by them bilaterally. 

Extension of the notice period by your employer unilaterally is illegal and cannot be enforced. Legally, you are only bound to serve 1 month notice which was agreed by you during joining. There would be no legal infirmity.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

Dear Sir,

File an appropriate application before labour commissioner staiting your valid reasons.

Anand Shukla
Advocate, Delhi
466 Answers
12 Consultations

4.9 on 5.0

See firstly you should have opposed the mail of policy change as maximum companies in there offer letter keep a condition that they can change policy from time to time.

See in situation you can leave company on one month notice contesting you have not agreed to the policy change and no agreement to effect had been signed but the problem will the company will withhold full and final settlement and the reliving letter and procedure for same through court will be long. 

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

1) you have not accepted 3 months notice period 

 

2) you are bound by terms of your appointment letter which provides for one month notice period 

 

3) company cannot forced to serve  3 months notice 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Change is unilateral , hence not binding. Even without serving notice you can leave by purchasing notice period. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Dear Anurag,

 

At the time of contract, kindly check and tell me whether there was any clause which stated that the Company can anytime change the terms of the contract without any prior intimation. If the same is not there, you can take legal help and 3 months won't be acceptable. Before that, you have to confirm the same, for further legal advice. 

 

You can alternatively also reach out to me on my e-mail id or mobile.

 

Best!

Kajal Bhatia
Advocate, Delhi
22 Answers

Not rated

There are few legally acceptable restriction in conduct after leaving the job but no one can stop you from leaving job.

Based on your write-up u.. You may lose the salary for the notice period, if you didn't serve the notice period.  nothing else can be done by the company. 

If you were kept on one month notice understanding then only one month shall apply to you. 

Good luck you are in free India. 

 

Gopender
Advocate, New Delhi
101 Answers

4.9 on 5.0

You can  do so if your appointment letter says so. Any change should be with your consent

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

You can send them legal notice and complaint to dy labour commissioner in the same. 

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

Company can claim that it has amended the policy and you are bound by same may not.give you reliving letter and full and final settlement.

 

You have to file a suit and complaint before labour commissioner.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Even if they file any case against you, there case would not be maintainable as unilateral agreements are void as per law.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

At some stage your employer or you might want to change your contract of employment. However, neither you or your employer can change your employment contract without each others' agreement. Changes should normally be made after negotiation and agreement.

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

Is this the same company which has been taken over by some other company?

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

They can’t change the period arbitrary. There is a legal saying that rules of the game can’t be changed once the game has started and same analogy applies to terms of employment.

you May go ahead and serve a notice period of one month

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Any modification in terms of appointment letter has to be accepted by you 

 

2) in present case you have not accepted change in notice period 

 

3) if you serve only one month notice period company may not issue you relieving letter/ experience letter 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Company may claim that they changed the notice period but legally they cannot. At least in your situation they cannot change.

What I have already stated in my previous reply, shall stand correct and you need not to fear. Companies usually send a legal notice but don't do anything further. You may have to lose your notice period salary if u didn't go, but nothing more than that. 

If you face any challenge then engage a lawyer from the same State. 

Gopender
Advocate, New Delhi
101 Answers

4.9 on 5.0

Dear Anurag,

 

The letter states, "those may be enforced from time to time hereafter applicable to you.". You need to show them that the act done by them is arbitrary and such whimsical approach is violative of Article 14 of the Constitution. 

 

Best!

Kajal Bhatia
Advocate, Delhi
22 Answers

Not rated

NO one will hear you. Avoid them , you also don`t hear.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Labour Department will listen you.

Koshal Kumar Vatsa
Advocate, Gurgaon
1770 Answers
1 Consultation

5.0 on 5.0

Dear

If any company want to change the notice period from one month to two or three months, it can do so but not for the existing employees but for new joiners only.

If you doesn't signed any new contract then you are not bound by the new notice period but you should have filed your grievance regarding change in notice period.

You are only bound by the agreement you have signed at time of joining the company and you can leave by giving one month notice period.

Mohit Kapoor
Advocate, Rohtak
3442 Answers
1 Consultation

5.0 on 5.0

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