Company increased the notice period

549 votes

As I am currently working in private company.And they have increased the notice period to 3 months.I have resigned from the company but they are not relieving me early as I will be able to serve only 1 month notice period max.So they have a clause in their policy as:- "The company reserves the right, if it is in the interest of the business and current assignment, to ask an associate to complete the notice period or adjust the earned vacation or basic salary in lieu of entire or partial notice period. " Even I am ready to pay money for not completing the notice period
Ans: you can file complaint before Deputy/Assistant Labour Commissioner, regarding unfair labour practice,

Advocate Chandra Mohan Sharma LawRato

536 votes

The clause you stated is easy and clear . But please tell me ,
1. What was the notice period mentioned and agreed upon by both, you and the company in the contract?
2.What are the reasons for not serving the said notice period and how long ago did you submit the application for resignation .
3. Are you looking for legal advice or just ways to convince the company to let you go in lieu of money ?
I will be able to answer your query if you can please specify the above .

Advocate Salonee Agarwal LawRato

832 votes

Hi,
As per your query I may advice to go through the contract you had with your employer if the contract say about one month notice period is required and not clear about the amendment of same you may write to your hr department and tell them about this, for better advice please provide copy of contract

Advocate Siddhartha Mishra LawRato

544 votes

This comes under harassment and malpractices of the employer....as you have resigned and you are ready to pay a months salary in lieu of the notice. You need not to go to this office after serving notie period of 30 days. After 30 days send them a mail saying you have served the notice period and can not come to office for some family obligations. Under any law the employer will not be able to recover any money from you .....they will only not pay what is due on them .SO dont worry

Advocate Atulay Nehra LawRato