Data Engineer
6 months ago
I am seeking an urgent legal advice regarding a notice period dispute with my current organization.
I have resigned from my position due to my mother's health complications . According to my original employment contract the notice period was stipulated as 2 months.
However, after 1 year of my employment HR informed me via email communication from the HR stating that my notice period has been revised to 3 months without any prior discussion or agreement. My organization forcing me to serve the extended notice period of 3 months, which poses a significant challenge given my circumstances.
I am willing to consider and buyout option to expedite my departure, but the HR department is insisting on the full three-month notice period.
Is it advisable to approach a labour court in this matter? What are the procedures involved in filing a case related to employment notice periods?
Any change in service conditions in the prevailing terms and conditions requires mandatory notice under Sec.9A (Chapter -IIA) of the Industrial Dispute Act, 1947. In the absence of said notice of change, an extension of the notice period is infructuous and unenforceable on the employee who according to existing terms of employment tender his resignation. Further, in the absence of the Byout policy of the Company and also in the absence of any stipulation in the contract of employment, the company may not agree with your approach. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance.
Firstly, review your original employment contract. Make sure there are no clauses in your contract that allow for unilateral changes by the employer. Secondly, consider filing a complaint with the appropriate labour authority or labour court. In India, this would typically be the Labour Commissioner or the appropriate labour court as per your location. Engage a lawyer who can proceed with litigation which involves filing a case in the labour court.
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