Notice period

Querist : Anonymous (Querist) 27 May 2020 This query is : Resolved
In my current employment I have signed contract for 2 month notice period at the time of my joining way back in 2012.
now i understood company is taking 3 month notice pay. I have not signed at later stage any document/contract with company notice period higher than 2 months. Can i give my notice pay to company as per my contract which i signed 2 month or company latest notice period practice of 3 month.

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Raj Kumar Makkad (Expert) 27 May 2020
The terms as mentioned in the agreement shall prevail over the latest policy of the company to have 3 months notice period with the current employees who joined after your joining so there is no question of going for 3 months notice instead of 2.

P. Venu (Expert) 28 May 2020
Yes, you are legally bound by the Notice period as originally contracted.

Dr J C Vashista (Expert) 28 May 2020
The terms and conditions of your appointment shall prevail over present conditions

Querist : Anonymous (Querist) 28 May 2020
Thank you sirs for your guidance.
I will go with 2 month notice which I signed in contract with company

Raj Kumar Makkad (Expert) 28 May 2020
You are always welcome Mr. Author.

Rajendra K Goyal (Expert) 28 May 2020
Was there any general notification for increasing of notice period for all?

If you have never accepted 3 months’ notice period, you should serve 2 month notice period as was signed by you.

Raj Kumar Makkad (Expert) 28 May 2020
General notice cannot prevail over the specific contract so even if any general notification stands isued, the same is not binding for you.

Rajendra K Goyal (Expert) 29 May 2020
General notification if noted and not protested / objected by any employee, terms would be applicable on his employment.

You have not informed whether company has asked you to complete 3 month notice period?

Querist : Anonymous (Querist) 30 May 2020
No I have not been notified
I have resigned giving two month notice period through official mail Id to my supervisor keeping HR head into CC attaching my signed letter of resignation.
Should I courier letter of resignation because I assume it would be difficult to take acknowledgement on my hard copy letter of resignation.

Rajendra K Goyal (Expert) 30 May 2020
You should send the Hard Copy through Speed Post / Registered post and download the track record of the article from post office track article site.

Raj Kumar Makkad (Expert) 30 May 2020
Mail do not require any acknowledgement and resignation sent through mail is sufficient in all sense. There is no requirement to send afresh resignation through ordinary/registered post.

Rajendra K Goyal (Expert) 31 May 2020
There is nothing wrong in sending hardcopy of the contents of mail sent. Sometime it is difficult to prove that the said mail was duly received by the recipient.

Querist : Anonymous (Querist) 03 June 2020
Adding further to the subject
Today I had discussion with HR head of the unit and she acknowledged that though their was no specific notification to me on revised notice period but it is there in company standing order who ever so joining now is serving 3 month notice period. She further said everything can not be documented and I can't pick and choose what is beneficial. But she said as you served in the company for almost 8.5years we respect for you and think relieving you in 2 month but I may need to relinquish my leave for notice short fall and she will write mail to me that I have not understood latest policy which I have to agree. I declined upfront I said her please you say that you have not clearly communicated me the new condition and taken my sign off on that.
Should I compromise on relinquish my leave for short fall ?

Raj Kumar Makkad (Expert) 03 June 2020
You had joined on the basis of a specific contract of service which had never been revised and there had not been any subsequent notification meant for all employees whether joined before or after that notification so any subsequent rule of the company made applicable with prospective effect is not applicable for you and you should not make any surrender rather should insist upon your legal right to have 2 months notice period. You should not become agree to surrender one month salary in the name of the shortfall of the notice period.

Querist : Anonymous (Querist) 04 June 2020
Thank a lot sir for guidance

Raj Kumar Makkad (Expert) 04 June 2020
You are always welcome Mr. Author.

Rajendra K Goyal (Expert) 04 June 2020
Whether the company has facility / rule of encashment of the un-availed leave in full?

If yes, it would be of no use to agree with their proposal.

Querist : Anonymous (Querist) 04 June 2020
Yes we can encash unavailed leave in full.
Understood will not surrender my leave

Raj Kumar Makkad (Expert) 04 June 2020
When you have already resigned then where is the question of the availing of the leave rather you can demand encashment of the unavailed leave

Rajendra K Goyal (Expert) 05 June 2020
In such case you should not surrender your due leaves towards one extra month of demanded notice period. Request for encash of the leaves.

Querist : Anonymous (Querist) 05 June 2020
Thank you all experts- My relieving been accepted with 2 months notice period without any leave adjustment.
It has been pressed upon by supervisor and HR for 3 month notice period which they are asking every other employee of unit because I have not signed any such term ,stood firm on my point. Thanks once again all sirs :Raj Kumar makkad, Rajendra K goyal , P. Venu and Dr J C Vashista for all your guidance.

Rajendra K Goyal (Expert) 05 June 2020
Congratulations wishes for new job.

You are welcome, may revert in case of any new development.

Raj Kumar Makkad (Expert) 06 June 2020
You are always welcome and this is our success that due to advice of we all experts, you succedded in getting your legal right.