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QI really need some advice. I was working for a company for about 3 years and 4 months as Full stack developer I worked really hard, at some point I was the only developer and it was stressful but I managed that part too.
I was not happy in this job and according to contract 90 days notice period is necessary for any of the parties. I triggered notice period starting from April 11th till july 10th [90 days]. Now they are saying packup 30th April would be your last day. I was really depending on paycheck and also I planned it like during Notice period I’ll brushup my skills and by end of it I’ll have a job.
There are clause about “Notice period” which basically says if any party want it to end early or anything, they have pay liue amount for eg if they want me to leave at 30th april They should also pay for time period 1st of may to 10th of july. Now they are saying because of another clause they are not liable to pay which is “27. Changes to your Terms & Conditions
The Company reserves the right to make reasonable changes to your terms and
conditions of employment in order to meet the needs of the business and to give
continuing efficacy to this contract. Such changes will be notified to employees
generally, usually via email. Any significant changes will be subject to a reasonable
consultation process.”
but they told me all of this after Notice period, PLEASE I NEED HELP
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DHi. I’m a lawyer here. Even if the clause on making changes to the contract on which they’re relying is assumed to be fair and binding, it doesn’t entitle your company to change the terms and conditions at their whims and fancies, solely to their advantage. Had they notified you about it during the course of your employment, it was still understandable, however, after you have served notice, and after a liability has arisen because they are relieving you early, they cannot wriggle out of the contract by relying on the said clause which says that they can change the contract anytime. Try reasoning it out with them, failing which, you must contemplate legal action, at an opportune moment.
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Dthey can change terms and conditions but it should be in writing and you should agree to those. one sided change is complete BS.
go to labour court near you and see if there are cost effective ways to get them to pay. going via a lawyer might cost you.
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TLawyer here.
Agree that they cannot change terms on their own, however, going to labour court might not be the correct option since labour courts are for low wage workers. Since you are a developer, you may not qualify.
You may have to file a suit or go o arbitration depending on the terms of the agreement.
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CThe company reserves the right to relieve you early.
You had resigned from your job and were serving a notice period. But the company can choose to release you early.
There are many people who pay money to shorten the notice period. But you got out easily.
Best of luck searching for new job.
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UIt doesnt work like that, if company have mentined notice period then employee have to complete it and same if sompany beleive it doesnt need to then they pay salary for notice period that was on contract.
Company cant block your 90 days and release within 15 days of notice period without due money.
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NNAL
Even without the clause in section 27, employer can ask the employee to leave without full notice period if the employee has resigned on their own.This happens very often in many companies. I have been a manager and directed by my seniors to relieve resigned employees early without paying for NP, not served. I have checked with my company HR and they said this is legal.
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NHow is that legal? If it is mentioned that 3 months notice is to be served, it is to be served or to be bought out by either party wanting to end it early.
If in past you could do it easily because you never encountered an employee who would pursue it legally.
If an employee decides to legally pursue it, they will definitely win the case and you will have to pay their legal expenses plus court will add some extra money for mental harassment as well.
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NNAL. But I own a company and I would advise you to send a notice to the company from a lawyer demanding the notice pay.
A company reserves the right to change the terms but they have to inform you about the new changes before they come into effect and also both parties need to sign on the new changed terms.
Most companies would pay up just by the notice but If they don’t, just pursue the case and court would add legal fees and additional compensation along with the pending dues.
They are just a bunch of cheaters, good riddance OP. All the best for your future.
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QThanks!! I have sent a mail to respond about the clause on email in writing. let’s see after that.
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WNAL
Seems like chatgpt even agress with you.
Be brave and strong. You are in the right here.Subject: Request for Full & Final Settlement and Notice Period Compensation
Dear [HR Manager’s Name / Reporting Manager’s Name],
I hope this message finds you well.
I am writing to formally seek clarification and request appropriate resolution regarding the early termination of my notice period.
As per the terms outlined in my employment contract, I had submitted my resignation on April 11th, 2025, thereby initiating the contractual 90-day notice period ending on July 10th, 2025. I was recently informed that April 30th, 2025 would be treated as my final working day.
I would like to respectfully highlight that the contract explicitly states that if either party opts to shorten the notice period, the balance duration must be compensated accordingly. In this case, the balance period from May 1st to July 10th amounts to approximately 70 days, for which I was neither consulted nor informed in advance.
I understand that reference has been made to Clause 27 of the agreement, pertaining to potential changes in employment terms. However, I would like to state that such changes must be communicated in writing and followed by a reasonable consultation process, neither of which occurred prior to this decision.
Therefore, I kindly request:
1. A written confirmation of the early termination decision.
2. The payment in lieu of notice for the remaining notice period (May 1st to July 10th).
3. A detailed statement of my Full & Final Settlement, including any earned but unpaid salary, leave encashment, and other dues.
I have always strived to contribute with sincerity and professionalism throughout my tenure, and I look forward to a fair and timely closure in accordance with the agreed contractual obligations.
Please let me know if any further documents or formalities are required from my side. I would appreciate a response within the next 5 working days to ensure smooth processing.
Warm regards,
[Your Full Name]
Employee ID: [Your ID, if applicable]
Designation: [Your role]
Contact: [Your phone/email] -
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PNAL.
I have seen people face this conundrum a few times in my career.
A. The contract typically says either party can terminate the contract with a certain notice period,which has a buyout clause. If you terminate the contract, you either pay or serve.
But if the org terminates the contract, they are also liable to pay. You terminating the contract does not change the contract in any way- meaning if they choose to terminate you in return, they are invoking the same clause and not a different one. (and hence should pay)
In any case, if they are dressing this up as ” termination on performance” , they need grounds-ask them for this. There needs to be a paper trail-warnings, PIP etc. And if they term it as a RIF, then too, they have to pay severance.
B. From a logical standpoint, the clause on material changes to contract sounds exploitative with unfaif burden on the employee. Nevertheless, as others said, any such change to a clause cannot be intimated after a clause has been invoked. It should have been well documented and informed. Ask for any notice that was sent out, date of revision etc. Be very vocal on this, put this on email -
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SI am a lawyer. If the company releases you early, it must pay the salary for the remaining notice period. The notice period clause cannot be changed by the company without informing and seeking the employee’s acceptance, as it has financial implications for the latter.
It is also a case of cheating if the employer informs you that they changed the clause after your resignation, which suggests they never intended to honor the original contract.
Serve a legal notice to the employer in this regard through a lawyer.
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UNotice period is not there to brush up your skills. It is there to handover the responsibilities to other employees for business continuity.
Your narrative sounds like one sided story. Employer might have enough levers to win either way. We do not even have seen the full offer letter stating terms and conditions. We cannot just take the face value of what you are just saying.
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