Legal Question in Employment Law in India

I am working in a MNC since 2006. When I joined the notice period mentioned in the Offer Letter was 1 month. After two years, HR updated their database with notice period is extended to 2 months. Is it possible for the company to extend the notice period for those employess joined before the second issue. Is there any legal steps we can take against the company to reduce notice period?


Asked on 4/20/12, 12:08 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

21.04.2012

Although the terms and conditions of appointment may generally stipulate that "All the rules and regulations of the Company that prevail from time to time, will be applicable and binding on all Employees" the principle of natural justice will prevail over the rules and regulations framed by the Company, especially when they are of an adverse nature, like in your case.

Under the circumstances, it is advisable to collectively raise this issue very politely with the HR Manager & the Managing Director in the forthcoming monthly Staff Committee Meeting, and draw their attention that this policy revision of increasing the notice period from 1 to 2 months is detrimental to the interest of all employees and should not be implemented. Request the Company HR Manager to explain the reason for the increase in notice period. Let me know what is their stance in support of the policy amendment.

I will then advise you on the legal recourse, if they still fail to revert back to the old policy.

You can also mail me for further on-line legal advice at [email protected]

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Answered on 4/20/12, 7:59 pm


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