Employment relieving issue - change in notice period

SunithaMurali
Dear Sir/Madam,

My husband is working in an Indian-based Pharma company. He received the appraisal letter for April 2016 only in August 2016, and the appraisal was retroactively effective from April 2016.

In the appraisal letter, it was stated that the notice period is now revised to 3 months from either side starting from September 1, 2016.

However, my husband resigned on August 31, 2016. The company is refusing to release him from his duties, claiming that the notice period is three months as per the new policy. They insist that the revised notice period applies only to those who accepted the offer. They are demanding that he either work for an additional month or return the appraised amount.

The company's appraisal letter clearly specifies that the notice period change takes effect from September 1, 2016.

Furthermore, they argue that since only the head approved it on September 7th, his notice period should still be three months.

We are unsure of our next steps. He is scheduled to start at a new company the day after tomorrow, and these issues have arisen at the last minute.

A month prior, my husband had emailed HR about the notice period date, but they did not provide a clear response or deny that it was two months.

Please advise us on how to proceed. Your help would be greatly appreciated.
Labour Law Index
If your husband accepted the money and signed the letter, then he has agreed to the new revision. He is bound by that. Had he sent this email you are referring to three months earlier, then his notice period would have been considered served.
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