Hii
I am working in MNC company 4m last 3 year.. at the date of joining I have signed 2 month notice period agreement. But in offer letter also mentioned that I can leave the company if I paid 2 month of basic salary to company. But now our HR and manager told us. The rules are change now. So it's compulsory to work 2 month after resign. Will u plz advise . How it's possible . If organization said before joining agreement different and after joining its different. Also advise labour court can help me at this type of conditions.
Thanx
From India, Mumbai
I am working in MNC company 4m last 3 year.. at the date of joining I have signed 2 month notice period agreement. But in offer letter also mentioned that I can leave the company if I paid 2 month of basic salary to company. But now our HR and manager told us. The rules are change now. So it's compulsory to work 2 month after resign. Will u plz advise . How it's possible . If organization said before joining agreement different and after joining its different. Also advise labour court can help me at this type of conditions.
Thanx
From India, Mumbai
If you have been working not inn supervisory or managerial capacity, you can reject the proposal of your HR Manager provided before introducing the change in notice period policy which is one of your conditions of service, no notice as per section 9A of Industrial Disputes Act was served on you. The significance of section 9A is that no change in the service conditions of workers shall be made without giving 21 days notice of change.
In the case of managers, normally, the decision to change the notice period etc are presumed to be taken by themselves or in a meeting attended by them and the scope of getting protection of ID Act is very remote.
Moreover, you have to check the practices in the industry also. In service industries nobody is concerned about Industrial Disputes Act or similar Acts meant for workers because in such industries all are professionals and they seldom want any protection. But when it comes to a situation wherein the job is at a trouble, they would probably look for options available in the Labour laws and find if they also come under the definition of workers.
Madhu.T.K
From India, Kannur
4193In the case of managers, normally, the decision to change the notice period etc are presumed to be taken by themselves or in a meeting attended by them and the scope of getting protection of ID Act is very remote.
Moreover, you have to check the practices in the industry also. In service industries nobody is concerned about Industrial Disputes Act or similar Acts meant for workers because in such industries all are professionals and they seldom want any protection. But when it comes to a situation wherein the job is at a trouble, they would probably look for options available in the Labour laws and find if they also come under the definition of workers.
Madhu.T.K
From India, Kannur
Thanks Madhu. T.K
i need one more favour from you. can i apply in labour court about this issue ?
because as per offer letter agreement , my notice period is 2 month and i am ready to paid 2 month basic salary to organization
Please advise
From India, Mumbai
i need one more favour from you. can i apply in labour court about this issue ?
because as per offer letter agreement , my notice period is 2 month and i am ready to paid 2 month basic salary to organization
Please advise
From India, Mumbai
Sunil did not give reply to my question whether you come under the definition of workman of ID Act. If yes, you can approach legally. Before you file a case in the Labour Court, please have a conciliation by giving your representation to the Labour Officer and if that conciliation fails, let the Officer refer it to Labour Court for adjudication. In these matters, the issue will be settled in the chamber of Labour Officer itself. But before that please ensure the requirement of notice of change as per section 9A of ID Act which applies only to workman.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Madhu nothing is writen on my appointment letter regarding 9A ID Act. plz advise what is importance of this Act.
From India, Mumbai
From India, Mumbai
It is not necessary and not possible that in the appointment order the entire Labour legislation be written. Depending upon the situations the relevant provisions of the relevant Act will automatically apply. Industrial Disputes Act is a legislation which will be applied when ever there is any dispute with regard to the relationship of employee and employer. This is an Act which protects the interests of workmen employed in an establishment and provides for a number of procedures to be followed before any decision which directly or indirectly affects the interests of the workmen is taken by the employer. It also provides for procedures to be followed by the workmen before they strike against the employer. The I D Act also provides for various dispute settlement authorities and their jurisdictions.
Among these procedures, section 9A deals with procedures to be followed by an employer before any change is made in the service conditions of the workmen. Accordingly if you want to change any of the conditions of services you will have to serve 21 days' prior notice to the workers with copy to Labour Officer. Change in the notice period is a condition of service which requires 21 days notice.
Now coming to the scene again, I repeat nothing in the ID Act will apply to persons having supervisory or managerial rights. A person having at least the right to sanction leave of his subordinates, appraise the performance of the subordinates or initiate disciplinary action against subordinates only is a supervisor or manager as per ID Act. Therefore, before you decide whether to file a case against the employer before the Labour Court, you have to ensure that you will come under the definition of workman. Obviously, if you have any reportee, you will be out of the purview of the ID Act and you will not get the protection of ID Act. As such, in order to change your notice period which is one of the conditions of employment no statutory notice is required but a communication in this effect is sufficient.
Madhu.T.K
From India, Kannur
Among these procedures, section 9A deals with procedures to be followed by an employer before any change is made in the service conditions of the workmen. Accordingly if you want to change any of the conditions of services you will have to serve 21 days' prior notice to the workers with copy to Labour Officer. Change in the notice period is a condition of service which requires 21 days notice.
Now coming to the scene again, I repeat nothing in the ID Act will apply to persons having supervisory or managerial rights. A person having at least the right to sanction leave of his subordinates, appraise the performance of the subordinates or initiate disciplinary action against subordinates only is a supervisor or manager as per ID Act. Therefore, before you decide whether to file a case against the employer before the Labour Court, you have to ensure that you will come under the definition of workman. Obviously, if you have any reportee, you will be out of the purview of the ID Act and you will not get the protection of ID Act. As such, in order to change your notice period which is one of the conditions of employment no statutory notice is required but a communication in this effect is sufficient.
Madhu.T.K
From India, Kannur
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