Is there any rule that employee has to serve the notice period in any organisation? - CiteHR
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Hi Bhaskar,
I have seen all the comments ans thought to help you here cos jusy 15 days back i have been thru this.
1. What ever is mentioned in Offer/ appointment letter stays valid till new rule bought in is signed by both parties.
I won here cos my company had policy of probation period guys having 1 mnth notice period and upon conf 3 mnths.
I have dis-agreement with What Mr. Kannan mentioned the authority with management is to decide if notice period mentioned in offer letter is of 30 days is to be served or less but not more.
Any change to this has to be intimated to employee on mail prior to his resignation.
I think you are safe and should be relieved by 30 days.
Regards,
Sunny

With my little knowledge I opine that this point comes under change in Service conditions / Sec 9A of Industrial Disputes Act hence the HR should display a notice in Form - E and after completion of 21 days & applicable when nobody has raised any objection. In Bhaskar's case the notice period to be treated as 30 days. If Bhaskar can afford he can raise an issue with the Asst. / Deputy / Join Commissioner labour basing on the size of the industry. However request you to wait for the suggestions / opinions / inputs from the Professionals'
Dear Bhaskar,
In your case relevant issues are as under:
1.whether your resignation letter was accepted before communication of the longer notice period?
2.Whether the rule of revision of notice period from 30 days to 60 days was notified in general or was conveyed to you only?
3.Whether the new rule was conveyed to you orally or on record? and
4.Whether your appointment letter stipulates that the management reserves the right to amend/modify/alter any rules any time without prior information?

If reply to 1 is yes, you have a case to put up.
If 2. was exclusively for you, you have a case.
If 3. was conveyed to you orally, you have a case.
As regards 4 change in the contents of the letter of appointment requires express consent of the employee concerned and the provision "without prior intimation" does not hold good as per law.

However, the course of action available with you is to speak with the HR or higher authority regarding 1 to 3,if the position exists as above and plead your case mildly seeking compassion. If it does not work it is better to pay for the entire notice pay/period, as your circumstances permit, and call a quitz without any agitation.

Dear Sir.

Greetings of the day !!

I am working with a well known organisation from past 5 months, but I I have being posted at a very remote location by my company.

Secondly during my appointment I have being told that while reigning I need to serve a notice period of 90 days.

I had accepted the said condition but after completing one month of service my mother started suffering from some disorders due to the atmosphere of my location where I am posted.

I started searching for other opportunities as i realized that my present company will not going to give me transfer or any other option. So after searching for 4 months i got one opportunity & by the time my mother started suffering very terribly with her illness. Now I have resigned & I have done several request regarding early relieving but the HR dept. is not taking it seriously. Although I have informed that I will serve 60 days notice period rather than 90 days but still they are not ready to relieve me.

Apart from above problems they have send me a mail mentioning my last day of working & mentioned a special statement that management is having right to extend your notice period. Therefore I am not able to understand that what is the main objective of the management.

Therefore I request you to please help me in this issue as in one hand my mother is suffering from illness & on the other hand I need to join some organisation to earn my living hood & I need relieving letter from this present employer.

Therefore please help me

With best regards,

VISHAL THAKUR


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