Can employer extend notice period
Ravi Kant Sharma
(Querist) 17 April 2017
This query is : Resolved
I am working in Software company, when I joined the company the Notice Period was of 1 month, after 3 month HR sent an email regarding policy change i.e. Your notice period is extended from 1 month to 3 month.
Is employer has right to extend the notice period?
Dr J C Vashista
(Expert) 18 April 2017
Generally notice period is 3 months and extension of period is well within legal rights of both parties.
If you do not agree, change the company/job.
Guest
(Expert) 18 April 2017
When did you join the company and when got email notice extending notice period?
Adv. Yogen Kakade
(Expert) 18 April 2017
If while joining the company has specifically mentioned about the one month notice to be served in the documents of joining or through email, then the company shall not have any right to compel you to serve notice period of three months.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883
P. Venu
(Expert) 18 April 2017
The unilateral extension of Notice period has no standing in law and hence unenforceable.
Kumar Doab
(Expert) 18 April 2017
Agreeing with Mr. P. Venu.
Did you reply in writing to said email and/or accept the change in writing?
The notice period of 90 days, may not necessarily be applicable in your case.
Similar queries have been discussed many times at LCI and can be searched in Search option and corresponding rules/ACT/judgments can be downloaded.
Many authors/querist have posted such queries and have resolved without need of any litigation.
If condition of 90 days notice period/pay not applicable ( determined per enactments applicable in your case) then you need to request the employer/HR and employer may not apply in your case and/or can withdraw it in your case.
HR person may not be necessarily be employer in your case. He /she may be a Manager and stakeholder and may be in a position to help you.
So remain gentle and amiable.
Or HR person as per his masters policy for him/her may not be inclined to get any concession/waiver.
Therefore if required escalate to good offices of appointing authority.
Kumar Doab
(Expert) 18 April 2017
Although your query is clear that;
"I am working in Software company, when I joined the company the Notice Period was of 1 month, after 3 month HR sent an email regarding policy change i.e. Your notice period is extended from 1 month to 3 month."
So you have made it clear that it was after 3 months of your joining that employer sent email to you on extension of notice period.
Kumar Doab
(Expert) 18 April 2017
Have you resigned in writing under proper acknowledgment and mentioned notice period/LWD in it?
If yes: Do you have the copy/acknowledgment, proof of dispatch, delivery of notice of resignation?
How has HR asked to serve for another 90 days: verbally or in writing?
Guest
(Expert) 19 April 2017
Dear Ravikant Sharma,
Can you rely on a person with a fake identity (Mr. Doab), who on one hand agrees with the advice of Mr. Venu, but on the other cannot shun his chronic habit, rather chronic disease of making vague multiple posts with some question bank for the author even after recording his agreement, as if he was not mentally prepared to agree with Mr. Venu, but made his statement just as of his habit of flattery.
However, my advice to you is to must answer his questions, so that he may get a chance to advice you as per his own mental perception.
Of course, even if you don't reply his questions, you will be able to observe that as of a remedy to his chronic disease of making multiple posts, his abusive session against me would start.
