Ukmitra
Business Development, Employee Relations,
Rajat Joshi
Hr Consulting ,trainer -creative Thinking
+1 Other

Dear Seniors, Can an employer increase the notice period from one month to three months without the written consent of the employee? thanks mano
2nd January 2010 From India, Madras
Mano,
Employer can increase the notice period from one to three months and this has to be intimated to the employees in writing. Please check the terms of references as mentioned in the appointment letter.
Obviously there would be a resentment from some few employees hence HR needs to explain to them as why this has been done from the business perspective and ensure their compliance to the same in writing.
Regards,
Rajat
3rd January 2010 From India, Pune
Dear All, Can it be more than that is mentioned in the Shops and establishment Act? Does the employer have the freedom to deviate from the law under the name of agrrement? Regards Anjali
4th January 2010 From India, Mumbai
Dear Anjali, the Anwser is No, Employer does not have that freedom in Court of law.
Nobody is above the Act.
An employee has the option to reject the same. A Notice period should be equal from both the side to be fair, based on the employee position in the company (certain key position requires 3 months notice, which is currently being exploited by employers for all level. Its shame, but employees are accepting the same due to obligations).
Regards
Ukmitra

4th January 2010 From Saudi Arabia, Riyadh
Actually my is fury is towards the system which has the laws but are not audited by the government (if at all can be offered ......). It does not take any action unless somebody complains about it. and nobody would complain as to such an employee nobody would like to recruit as well... So is the case with so called Service agreements. Alomost all the IT giants have bonds under the name of agreements. Which government authority checks the contents of the agreements? ....

4th January 2010 From India, Mumbai
Ha ha ha Anjali, you have actually hit the "Pandora Box". That is excatly the job of our Labor Commissioner and labor officers, to ensure the Act is implemented by all companies doing business in the state.
Yes, its an irony that only if you have a problem, you have to complaint and only then action will be taken. And that's excalty what does not happen. The legal hassels you would come across is enough for rest of employees/society to never follow that steps. But someone has be Gandhi.
You will surprised to know from few employees about the funny service agreements some company have made them sign, as if the employee is a "bonded Educated Intelluctual Slave" and due to ignorance the employees does not challenges it.
UKmitra

4th January 2010 From Saudi Arabia, Riyadh
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