Can company change notice period without consent of the employee?


You are not required to serve the 3-month notice period since you have not provided your approval for the altered provision.
The Indian Contract Act, 1827, considers the appointment letter to constitute a contract between the employer and the employee.
A contract is created when both parties agree to work together under specified terms and circumstances. If any party chooses to modify the terms and conditions, they must do so in writing.

According to Section 9 A of the Industrial Disputes Act of 1947, any change in service conditions must be made only after giving at least three weeks’ notice to the employees who will be affected by the change.
Employees were not provided such notice in this circumstance.

Also, if the firm wishes to increase the notice period from one to three months, it can do so, but only for new employees hired after the adjustments are made. Only if the old employees agree to the change will they be bound by it.

You may file a lawsuit against the corporation if it increases the notice period from one to three months and forces you to consent to the change. You can send a legal notice to the firm despite consulting with HR. If they are not willing to relieve you in a month, you can send a legal notice to the corporation.

Reference: Indian Contract Act, 1827
Industrial Disputes Act, 1947 – – AHG153 – 202100581 – 75 – 71 – 202100190-20210041-13176


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