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I live and work in India.

When I joined my company, my offer letter said we have a notice period of 2 months. However, later they shared a company rules and regulations document where they stated that the notice period is 3 months. So, what notice period takes precedence? the period in the original offer letter (2 months) or what they gave later (3 months)?

Secondly, does the company have a right to deny my resignation or delay my resignation?

Thanks, Om

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  • 1
    This depends a lot on what exact documents you have signed on local labor laws. You may want to consult a local labor lawyer. Bring your paperwork
    – Hilmar
    Jun 10 at 10:27
  • 6
    We get some real horror stories on here coming from India. Despite whatever seems to be the legally correct answer, you shouldn't assume that's how it's going to develop. Jun 10 at 10:42
  • What does your work contract say? You do have a work contract, right?
    – Philipp
    Jun 10 at 12:26
  • In india, labor laws exists only on papers. Companies can amend policies at will. Learn to adjust not fight. Jun 13 at 19:29
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My understanding is an offer letter is both a policy document and a legal contract in India. It's what you're agreeing to.

So you are only bound by the conditions of the offer letter if it follows the Indian Contract Act. However it may have clauses in it that allow timeframes to be changed etc,. or a disclaimer (eg, this is an informational document, not a legal contract or agreement) so read it carefully and if in doubt see a lawyer.

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In my mind, employers have right to choose any one to work under legal framework. And employees have right to leave company anytime under legal framework also.

If you sign it when the company update the term, then it have to 3 months. Otherwise you could find a lawyer to give you advise.

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I am not a lawyer but IMHO, what stated in the contract you signed is the governing time-frame

not the offer letter

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