Dear Seniors,
appointment letters are issued at the time of joining. if over a period of 6 years, few terms and conditions has been revised and incorporated in new appointment letter, so do we need to issue the same to old employees also, who are working from last 7 years or so.
if it has to be, how it can be done, by issuing a new letter to them or what??
please answer.
regards,
From India, New Delhi
5appointment letters are issued at the time of joining. if over a period of 6 years, few terms and conditions has been revised and incorporated in new appointment letter, so do we need to issue the same to old employees also, who are working from last 7 years or so.
if it has to be, how it can be done, by issuing a new letter to them or what??
please answer.
regards,
From India, New Delhi
Hello,
Appointment Letter is in fact a "Contract of Employment" and is sanctinonious between the two transacting parties. It covers the "Terms and Conditions" of employment". Therefore no (adverse) changes can be made UNILATERALLY as that wil amount to breach of contract.
Ant changes made NOW can be implemented only prospectively.
However, if the employer has reserved a right to himself to change the terms unilaterally, the employer may do so but such a provision in the contract may cast a shandow on the contract's validity, if questioned in a court of law! In my opinion doing so would also be unfair and will erode employer's credibility in the eyes of all employees-old and new! I would advice against it here too!
Trust your querry is answered.
Regards
samvedan
December 17, 2010
----------------
From India, Pune
Appointment Letter is in fact a "Contract of Employment" and is sanctinonious between the two transacting parties. It covers the "Terms and Conditions" of employment". Therefore no (adverse) changes can be made UNILATERALLY as that wil amount to breach of contract.
Ant changes made NOW can be implemented only prospectively.
However, if the employer has reserved a right to himself to change the terms unilaterally, the employer may do so but such a provision in the contract may cast a shandow on the contract's validity, if questioned in a court of law! In my opinion doing so would also be unfair and will erode employer's credibility in the eyes of all employees-old and new! I would advice against it here too!
Trust your querry is answered.
Regards
samvedan
December 17, 2010
----------------
From India, Pune
Thanks!
it means we ideally should not issue a new one or change the terms and conditions. however I believe, if management reserves the right to change the terms and conditions (if mentioned in document) then such changes should be communicated by different circulars. what you say on this??
regards,
From India, New Delhi
it means we ideally should not issue a new one or change the terms and conditions. however I believe, if management reserves the right to change the terms and conditions (if mentioned in document) then such changes should be communicated by different circulars. what you say on this??
regards,
From India, New Delhi
Hello,
Yes, the management may choose to do and I too think that a sircular is a better idea though it will be difficult after a few years to identify the date of change and the change itself in case of the employees in whose case change/s are done through a circular. Further if this happens a few more times in years to come, HR's job will become so much more difficult.
Regards
samvedan
December 2010
--------------------
From India, Pune
Yes, the management may choose to do and I too think that a sircular is a better idea though it will be difficult after a few years to identify the date of change and the change itself in case of the employees in whose case change/s are done through a circular. Further if this happens a few more times in years to come, HR's job will become so much more difficult.
Regards
samvedan
December 2010
--------------------
From India, Pune
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