Need urgent advise - Notice period waive off
Hi,
I have a case to discuss here and would need your valuable advise on the same:
The employee works in an IT Firm and resigned recently to look forward to a better career. The event flow is as such:
- Joined the firm one an half year back, appointment letter have a clause of one month notice period. (Signed and accepted)
- Organisation changes the notice period and intimates employees through internal communication (email) that from now on the notice period is revised to three months (both side)- (No signatures required)
-The employee resigned with clear communication (via email) that she will be able to serve 2 months notice and pay for one month shortfall. Simultaneously the HR software is updated on the same day.
-After 7 days the immediate manager accepts the terms and approves the 2 months notice (on the software).
-The employee communicates the joining date with the new employer keeping in view two months notice.
- Manager's superboss returns after vacation and forces the Manager to cancel the above approval and extend the notice period 'as per the policy'.
-When contacted this superboss says that decreasing the notice period is not in his hands and need approval from super duper boss. He will not do it as he do not want to create precedents of exceptions.
- Suddenly, yesterday, her immediate manager changed the last date of working in the HR software, with the last working day extended to three months.
My questions:
As you can understand, the employee is in a bowl of hot soup. She cannot go back and ask the new employer to change her date of joining. What actions can be taken by her for a smooth exit? HR has no role to play (don't ask me why!!).They will only accept intimation from Super Duper Boss for exceptions, otherwise they have decided not to go forward with exit formalities.
Need your help ASAP, with legal advise (if that is the last resort!!) . What sections of Law can be invoked and what is the modus operandi if the employee has to move court?
