Legal Question in Employment Law in India

Dear Sir/Mam,

I am working in a private company & wish to resign from the company for better opportunity . I have given notice to my HOD to serve notice period of 30 days as per company terms & conditions of the company . But recently we received a e-mail from them from our HR to serve 90 days notice period as per updated company terms & policy.

This is bring to your notice, I have never given my consent for the same & till date it is not being updated in company policy manual. I will be completing my 30 days notice period on 15th Oct-13. But still I am advised my HOD to serve 90 days notice period.

Looking forward for fruitful response from your side on the same.

Thanks & Regards

Sanjay Kumar Rout

Mob no:-9818164726

Asked on 10/09/13, 9:21 pm

2 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

Dear SAnjay

A company has the liberty to renew or modify its order from time to time. But there should be a notice (by any means) to that effect. Since, it is absent in your case, your case will be guided by earlier terms and conditions. So, company is legally wrong. You may leave the company now but if company later on harass you for relieving letter or like that, you have to take legal route.


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Answered on 10/09/13, 11:54 pm
Fca Prashant Chavan Expert Edge LLP


Dear Sanjay,

Since the terms and conditions of your appointment require you to serve 30 days notice period, you are not bound by the revision in the Company's notice period policy, as it would be made applicable only to all new joinees in the Company after the revised policy has been put into effect. You should cite the relevant term and condition in your Appointment letter and request the Company to settle all your dues on your last working day in the Company.


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Answered on 10/14/13, 8:40 am

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