Company enforcing 60 days notice period
7 months ago
I was hired by a company as Program manager and my employment contract states I need to serve notice of 30 days. However now HR has mentioned that Program manager will need to serve 2 months notice in employee handbook of organization. Now the company is enforcing me to serve 60 days notice period and not listening that my employment contract mentions my notice as 30 days
I can't serve 60 days notice period. I am serving my notice as of now and 30 days will be completed by 7 September. What to do now?
A.Dear Client,
The service of an employee in a Company is governed by its contract of employment made on the basis of Co's Service rules or policies which are amendable from time to time to protect the interest of both employee and employer in general. Maybe when you were offered employment in the Company the notice period for the resignation was 30 days and subsequently, it was changed/amended vide an official notice recorded in the employee handbook of the organization which is uniformly applicable to all the employees of the Company and that does not require individual notice to each employee who is on roll before the amendment. So, the earlier terms of the contract at the entry-level become infructuous and accordingly, for tendering resignation, you need to follow the existing terms of employment enhancing the notice period from 30 days to 60 days. Otherwise, for breach of contract, the Company can take action against you which may adversely affect your future career apart from other consequences. So, try to negotiate the matter suitably with the HR of the Company and resolve the matter amicably to avoid litigation and other consequences.
The service of an employee in a Company is governed by its contract of employment made on the basis of Co's Service rules or policies which are amendable from time to time to protect the interest of both employee and employer in general. Maybe when you were offered employment in the Company the notice period for the resignation was 30 days and subsequently, it was changed/amended vide an official notice recorded in the employee handbook of the organization which is uniformly applicable to all the employees of the Company and that does not require individual notice to each employee who is on roll before the amendment. So, the earlier terms of the contract at the entry-level become infructuous and accordingly, for tendering resignation, you need to follow the existing terms of employment enhancing the notice period from 30 days to 60 days. Otherwise, for breach of contract, the Company can take action against you which may adversely affect your future career apart from other consequences. So, try to negotiate the matter suitably with the HR of the Company and resolve the matter amicably to avoid litigation and other consequences.
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A.Dear Client,
When there is a conflict between the terms of an employment contract and the policies or handbook of an organization, it can be challenging to determine which one takes precedence. In such cases, it is important to review the entire employment contract, including any amendments or addendums, to understand the terms agreed upon by both parties.
Here are a few steps you can consider taking:
1. Review your employment contract: Carefully examine your employment contract to understand the terms related to the notice period. Pay attention to any clauses that may reference the applicability of handbook policies or modifications to the contract.
2. Communicate with HR or management: Request a meeting with HR or management to discuss the discrepancy between your employment contract and the employee handbook. Explain that your contract specifies a 30-day notice period, and seek clarification on the reasons for the disparity. It is important to maintain open and clear communication during this process.
3. Seek legal advice: If the HR or management is not willing to acknowledge your employment contract and enforce the 30-day notice period, it may be necessary to consult with a legal professional who specializes in employment law. They can analyze your contract, review applicable laws and regulations, and provide guidance on how to address the situation effectively.
4. Document all communication: Throughout this process, it is essential to document all discussions, emails, and any other communication related to the notice period issue. This documentation can serve as evidence or support your case if further action is needed.
Thank you.
When there is a conflict between the terms of an employment contract and the policies or handbook of an organization, it can be challenging to determine which one takes precedence. In such cases, it is important to review the entire employment contract, including any amendments or addendums, to understand the terms agreed upon by both parties.
Here are a few steps you can consider taking:
1. Review your employment contract: Carefully examine your employment contract to understand the terms related to the notice period. Pay attention to any clauses that may reference the applicability of handbook policies or modifications to the contract.
2. Communicate with HR or management: Request a meeting with HR or management to discuss the discrepancy between your employment contract and the employee handbook. Explain that your contract specifies a 30-day notice period, and seek clarification on the reasons for the disparity. It is important to maintain open and clear communication during this process.
3. Seek legal advice: If the HR or management is not willing to acknowledge your employment contract and enforce the 30-day notice period, it may be necessary to consult with a legal professional who specializes in employment law. They can analyze your contract, review applicable laws and regulations, and provide guidance on how to address the situation effectively.
4. Document all communication: Throughout this process, it is essential to document all discussions, emails, and any other communication related to the notice period issue. This documentation can serve as evidence or support your case if further action is needed.
Thank you.
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