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Anila Nair
1

Hi,
Our company have descided to alter the notice period for the employees from 15 days to 3 months.
15 days notice period is been mentioned in the appointment letter for all the employees.So any one who can guide me on the template of alteration of Notice period.
Thanks,
Anila

From India, Mumbai
srivathsa
1

Since there is an alteration in the earlier agreed contract, you need to give a notice to all the employees about the change in the contract. I read somewhere within this forum that some 21 days notice is required before amending any changes to the contract. If everyone agrees it is fine and this gets legalised. I don't know what happens if one or more disagrees with this change.
From India, Bangalore
Shashikanth
A one page addendum to the existing appointment letter indicating the change may be provided to all the employees. You must also ensure that all employee agree to it by acknowledging through a signature. A copy will remain with the employee and another with the employer as part of the personnel records. This will possibly save from future complications.
From India, Mumbai
Mahr
477

Dear Anila,
You shall send them a notice circular stating that in another 3 weeks time the clause "Notice Period" mentioned in your appointment letter would be changed to "three months". Then you need to mention this in and as a clause notice and should get that signed it from the employees individually and maintain that on to their Personal File.
Again 3 month notice is not acceptable by law. Maximum you can keep 2 months.. Still if you have any doubts write a private message..

From India, Bangalore
Muskaan Sehr
Dear Mr. Mahesh

Request you to mail the reference points which set guidelines on the notice period, as I am facing a similar situation at my office:

Scenario 1) We have proposed to increase notice period of a few set of employees( due to their technical expertise) to 2 months instead of one month, and they are refusing to sign on the amendment.

Scenario 2) An employee with 3 months notice period is leaving, however he is giving only 36 days notice period and the rest needs to be deducted as notice period payable, I would like to know what is the formula on the basis of which notice pay is deducted, is it Gross Salary per month or CTC per month or Only Baisc + DA. He has 47 days leave to his credit, however, we are encashing it as a payable component in his final settlement but not adjusting the same in lieu of his notice period as that would amount to dual employement since he is joining the other company immediately after leaving us.

Request your inputs and comments on the same.

Thanks

Muskaan

From India, Bangalore
rvummadi
Anila,
Changing conditions depends on your organisation if you have union you have to give notice as per ID Act, other wise if you have standing orders that has to be amended.
If you do not have such problems send circular to all employees why you want to
introduce three months notice period,all future appointments you can put three months notice period.If your Existing employees does not agree you may call for a meeting with staff along with all Hod.
Regards,

From India, Hyderabad
Mahr
477

Dear Muskaan,
The formula is nothing but the amount fixed by the company on the breach of notice period to the employee / by no of days given in the notice period * no of days left in the notice period without serving.
For example: If the notice period is 2 months, the breach amount is 50,000 and the employee served only for 15 days. The calculation would be,
50,000 / 60 (2months) * 45 (no of days not served) = 37,500 Rs (to be collected from the employee)
Hope you are cleared..

From India, Bangalore
consultme
192

If you are representing a non-unionised establishment, things would be pretty simple.
However consult your legal advisor and avoid all kinds of possible legal issues.

1. You can announce, formally (better to send mail to all employees applicable) that management is planning to change the notice period to 3 months and request employees to submit objections if any with in a week's time. You can share the amendment details with the mail

2. Once the time given for feedback is over, you can share printed amendment to appointment orders to all employees and collect the signed copy with immediate effect.

3. If somebody is not agreeing to the amendment, you can try to convince him to accept it but if it fails, then you may need to give 15 days notice period/pay and relieve from service.

4. If you go for a democratic approach, there is no guarantee that management decision can be implemented. It may create unnecessary tension and work may get affected.

However, I have a question? Why you wanted to increase the notice period? If attrition is the problem, I think this is not going to reduce it!

From India, Bangalore
Muskaan Sehr
Dear Mr. Mahesh
Thanks for your input, however would like to understand how do you decide the Breach amount, do you consider an employees 60 days' only basic or only gross or total CTC for two months to calculate this breach amount. Request clarification.
Thanks

From India, Bangalore
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