• Company notice period

Hi,

I work for a company XYZ and have been given a last working date from company(Basically asked to leave with 2 months notice). But while joining the offer letter says 1 months notice. I want to now leave in 1 month. I have not received any consent for 2 months notice period. How do I handle the situation. Can i show my offer letter and talk to HR?

During this notice period I have been asked to work over weekends and late nights. Do I have right to say I will not work late night, I have proof of office chats mentioning late hour. How do I handle this situation. I have a fear if they will give bad feedback if I dont work properly during my next background verification.
Asked 2 days ago in Labour

12 answers received in 1 day.

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13 Answers

If the facts you have mentioned are correct, then it is a straightforward case of workplace harassment. You have various options to handle this, which would be both subtly and legally. You don't have to worry about the BGV. Also you don't have to serve two months. Your notice period should be as per your letter of appointment.

 

Please note, some more details/information would be required to advice you if you can refuse to work in night shift/late night and on weekends. I will not be able to give  proper advice on the night shift and weekend part with the information you have provided.

 

But, on the other things, don't worry. My best wishes to you,  and your next job!

 

BR Dayaram
Advocate, Bengaluru
12 Answers

You need this serve the notice period or you can buy the same through basic salary 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes, keep it short and calm:

  1. Notice period (1 month vs 2 months)

    • Your binding terms are in the appointment/offer letter.

    • If it clearly says 1-month notice, you can resign with 1 month’s notice.

    • Write a formal email to HR and manager attaching the offer letter, clearly stating your last working day as per 1-month notice and request acceptance.

    • If they insist on 2 months, ask them to show the clause/policy you agreed to in writing or request waiver/notice buy-out.

  2. Late nights & weekend work

    • You can politely say you’ll complete tasks during normal working hours and that frequent late nights/weekends are affecting your health/personal life.

    • Reply on email/official chat so there is a record that you are not flatly refusing work, only objecting to unreasonable hours.

  3. Worried about bad feedback

    • Work professionally, respond to mails, hand over properly, and avoid arguments.

    • If later any reference is false or malicious, you can contest it with the new employer and, in extreme cases, legally.

So: Yes, show your offer letter to HR, communicate in writing, negotiate 1-month exit, and keep your conduct professional during notice.

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

You can inform HR that you will serve one month notice period as per terms of appointment letter 

 

2) don’t refuse to work on Saturday  if there is some project t you are working on 

 

3) you can refuse to work for late hours 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Fear should not extinguish your courage to fight for your rights.

If the contract says 1 month of notice period then without mutual consent it can not be extended to 2 months.

Do send letter to HR and its higher authorities as well.

Poor work hours is another ground which you should ventilate in the proper forum of your company. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You are legally and contractually protected in this situation. If your offer letter clearly mentions a 1-month notice period, the company cannot force you to serve 2 months unless:

1. You later signed an amended employment agreement increasing the notice period, or


2. You formally accepted HR policies that override the offer letter.

 

If none of this happened, then your notice period remains 1 month, and you can lawfully leave by serving only that period. You should send an email to HR attaching the relevant clause of your offer letter and clearly stating that you will complete a 1-month notice period “as per the contract.”

Regarding late-night and weekend work during notice:

You cannot be forced to work beyond normal hours without your consent.

You may politely refuse excessive overtime, especially when it affects health or safety.

Since you have written proof of such demands, you are protected.


On background verification (BVG):

Companies are only permitted to share factual information such as employment dates, designation and whether there was any proven misconduct.

They cannot legally give negative or defamatory remarks.

Any false or damaging feedback can be challenged, and the company would be liable.


What you should do now:

1. Email HR with a copy of your offer letter and confirm your last working day after 1 month.

2. State that you will serve the contractual notice period fully and professionally.


3. Decline unreasonable overtime politely but firmly.


4. Ask HR in writing to confirm issuance of your relieving letter and experience certificate.


5. Maintain polite written communication to protect yourself if any dispute arises.

 

Yuganshu Sharma
Advocate, Delhi
961 Answers
2 Consultations

The notice period in your appointment letter is binding. 

If only the offer letter is signed and it states 1 month, then you are contractually bound to only 1 month.

They cannot unilaterally force you to serve 2 months unless you explicitly agreed. 

No employer can force you to work beyond the stipulated working hours, i.e., 8 to 9 hours a day and weekend work without compensatory off or overtime allowance. 

You can refuse to accept their enforcement of lte working hours especially during the notice period, it will not come under misconduct. 

You can in your reply state that you will complete all assigned tasks during the standard working hours and that during notice period you will not be able to work weekends or extended late hours except under unavoidable circumstances and you can also state that you will ensure proper handover and documentation.  

HR rarely gives negative comments in the BGV unless there is  misconduct on records. 

You can email HR stating that you will serve one month notice period based on the terms of employment offer letter.

Companies avoid giving bad remarks because it exposes them legally. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your apprehensions are well founded. If you get into  any conflict, employer will hold back your credentials like fnf, experience letter etc. legally you can force the  employer to strictly comply the  terms of appointment. But legal proceedings take time and your reputation will also be tarnished in market. Interact with diplomacy, work amicably, collect you credential and say good bye to the employer, you have the  whole world before you.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

 

  1. Email HR attaching your offer letter clause:
    “As per my signed appointment letter, my notice period is 1 month. Accordingly, my last working day will be __.”
  2. Politely decline overtime unless compensated.
  3. Maintain written communication only during notice.
  4. If pressured or threatened with bad feedback, send a polite but firm email:
    “Any feedback must be based on documented performance and not on refusal of unpaid overtime.”

 

Gaurav Ahuja
Advocate, Faridabad
136 Answers

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Except, recovery of the said amount, company cannot harm you for the same

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Hence, if there is offer letter and therein mentioned as one month notice period , then the said company cannot force you to work you more than that 

- You can show the offer letter to your HR . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It's better not to engage in any personal dialogue with the HR about it. It's better an advocate of your choosing deals with them and teach them what the law of the land says about it. In my past experience I've noticed that when employees like yourself are harassed like that and an advocate steps in generally it's the HR who backs off. Good luck! 

Puneet Srivastava
Advocate, New Delhi
79 Answers

Dear Client, 

This is a bit complex. You need to check if the offer letter states a one-month notice for either party. If that is the case, then approach your HR and manager for this. Ensure that this happens over a mail to keep evidence of the communication. They cannot extend notice period without your consent. The work hours limit and overtime work are determined by specific laws which again depend on the kind of job you undertake. 

I hope this answer helps you. For any further queries, please do not hesitate to contact us. Thank you. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You are in a sensitive but manageable situation. Your primary legal document is the signed offer letter specifying a one-month notice period. Politely but firmly present this to HR, stating that you are adhering to your contractual obligation and will treat your last working day as per the one-month timeline. Do this in writing (email) for a record, attaching the offer letter. They cannot unilaterally impose a two-month period without your written consent.

Regarding the excessive work demands, you have the right to maintain reasonable working hours during your notice period. You are not obligated to work late nights or weekends unless this was a pre-existing, documented requirement of your role. Calmly communicate your boundaries to your manager, citing your commitment to handover duties effectively within standard hours. If pressured, you can escalate to HR, referencing the chat proofs if necessary. This protects you from claims of non-cooperation.

Your fear about a bad background check is valid. The key is to ensure a professional exit. Fulfill your core handover responsibilities diligently during regular hours. A future employer's background check typically confirms dates of employment and title—subjective "bad feedback" carries legal risk for your current company if it is false and harms you. To mitigate risk, secure written confirmation of your resignation acceptance and a positive recommendation from a trusted colleague or manager before you leave. This proactive approach balances asserting your rights with safeguarding your professional reputation.

Lalit Saxena
Advocate, Sonbhadra
88 Answers

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