Can Employer Change The Notice Period Tenure ? That Too Backdated?

Hello, I joined a small organization in Bangalore in Dec, 2016. In the offer the notice period was mentioned as 30 days. On 2nd of May, 2019, I have resigned from my organization. Today(7th May, 2019), I got a mail from HR team,stating the notice period for all the new and existing employees will be 60 days, effective from 1st May. I have already committed the new company like I will be joining within 30 days and now they are not ready to extend my joining date. Can someone please assist me in tackling this in legal way?

Free Legal Advice - labour and service laws

Posted by: Ajit Kumar

Posted on: 2019-05-07

As per your appointment letter, if the notice period is mentioned, you can be follow if need not fulfill it , you may give proper reason and clear your dues and get full and final settlement.

dear client company could not defame your dignity and the ethic of law, SO claim your right now, [email protected]

With respect to your query, the legal opinion is as under:- (1) The terms of service are settled at the time of appointment is given to employee (2) The terms of original service/job contract cannot be changed unilaterally by the company. (3) As your query reflects, the thirty days prior notice was required before leaving the company, This term will prevail and you are entitled to leave the company after completion of 30 days from the date of notice. (4) The subsequent change in terms and extending the notice period to 60 days is not binding upon you because the terms have been changed only during service and you are not party to any contract changing the notice period to sixty days. (5) It is the basis dictum that rules of games cannot be changed while the play is on. (6) You can sue the company for damages and you are entitled to leave the company on the basis of thirty days notice.

With respect to your query, the legal opinion is as under:- (1) The terms of service are settled at the time of appointment is given to employee (2) The terms of original service/job contract cannot be changed unilaterally by the company. (3) As your query reflects, the thirty days prior notice was required before leaving the company, This term will prevail and you are entitled to leave the company after completion of 30 days from the date of notice. (4) The subsequent change in terms and extending the notice period to 60 days is not binding upon you because the terms have been changed only during service and you are not party to any contract changing the notice period to sixty days. (5) It is the basis dictum that rules of games cannot be changed while the play is on. (6) You can sue the company for damages and you are entitled to leave the company on the basis of thirty days notice.

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