Is It Legal to Change the Notice Period After Joining?

When embarking on a new job, the notice period is a crucial aspect of the hiring agreement. However, situations may arise where a company informs you that the notice period has been changed from one month to three months after you have started the job. This prompt raises a valid question: is this legal?

Understanding the Legal Aspect

Nothing is illegal... This phrase implies that, in the absence of a legal contract stipulating the notice period, a company has some leeway to make changes. However, it's important to consider the context and the terms of your employment agreement. Typically, the employment contract, whether it's an offer letter or a signed agreement, will outline the notice period.

Employment Contract and Legal Rights

FixedUpdate on the norms written in your offer letter. If your offer letter clearly states a one-month notice period, any change to this agreement without mutual consent would be considered illegal. Changing the notice period post-employment without the employee’s agreement can lead to potential legal issues.

The Employee's Perspective

Understanding your perspective as an employee is also crucial. Are you joining to build a career or just a temporary phase? If you're new and considering leaving after the notice period is extended, you must think critically:

Conclusion on Career Path: Make up your mind whether this job is for a long-term career. Even if it is, three months of notice is a reasonable period to transition.

Contributing to the Organization: Consider what you can contribute in the three months. This doesn’t mean you should stay just for the sake of it, but rather, leverage the opportunity to learn and contribute to the business.

Organizational Repercussions: If you decide to leave, remember that you still have responsibilities to your employer. Working for three months can be seen as fulfilling your contractual obligations and ensuring a smooth transition.

The Employer's Concerns

From the employer’s standpoint, extending the notice period after joining is a practical measure. It ensures that the newly hired employee can settle into their role and is not leaving abruptly. The transition and knowledge transfer can significantly impact the business. Losing a new hire mid-employment can result in loss of productivity, additional training costs, and potential project delays.

Conclusion

The legality of changing the notice period depends on the terms of your employment agreement. If your offer letter clearly states a one-month notice period, changing this to three months without mutual agreement could be considered illegal. It’s crucial to review your contract and understand the consequences of extending the notice period post-employment. Lastly, consider your long-term career goals and the value you could bring to the organization during the notice period.