Mahr
Head - Human Resources
Kannanmv
Hr & Administration
Rajanassociates
Legal Counsel
Neha22111986@yahoo.co.in
Employee Engagement And Retention, Day To
Navinkumarhrd
Payroll & Compensation
Unusual_indu
Hr -generalist,(web Development Company),recruitment,performance
Ranga.n
Hr Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Consultme
Entrepreneur
Essykkr
Statutory Complaince/labour & Employment
Yagniah
Legal, Personnel Admn. And Hr
Nikeshtnt
Employee Comp & Ben
Gaggan_sahni
Hr Manager
Antony.prakash01
Jack Of All Trades
SHIVAKK_46
Asst. Manager -hr
Ravichaubal
Industrial Relations, Admn, Csr
Doctor57
Excutive
Banditapadhi
Recruitment & Selection
Vrnataraj
Company Exective
+7 Others

Thread Started by #bhaskar4u2u

Dear All,
Yesterday I have resigned, when I resigned company policies was 30days notice period, suddenly in the evening they have sent mail says that notice period changes 30 days to 60days effective today. Whether this rule is applicable to me as I resigned in the morning before the policy changes.
I can not serve notice period due to my marriage. So how to solve this issue, but I am ready to pay the notice period.
Is there any rule that employee has to serve the notice period in any organisation?
Suggest me.
Regards
Bhaskar
12th October 2010 From India, Hyderabad
Hi. If you have in written policies of "30days notice period" that is enough for you. You can show to company or to legal adviser.
12th October 2010 From India, Delhi
Thanks Mukul,
I am having the appointment letter in that it is mentioned 30days, But now they have changed the policy and sent by mail as it is applicable from today onwards,
I think that doesn't applicable to me am i rite.
Regards
Bhaskar
12th October 2010 From India, Hyderabad
ur rite, nobody can change the rules overnite n espectially when u have nt been previously told abt it earlier n nor have u accepted it in writing anywhere. may be they have changed it for the rest of the staff members so better off u clarify..
12th October 2010 From India, Chandigarh
Hi, Company got the right to change any policy, any time. However notice period is part of the appointment order and is one of the mutually agreed terms and conditions. To revise this, authorization from employee(s) side is also required.
A legal professional can assist you. However, if possible, speak to your management and settle the issue, out of court.
12th October 2010 From India, Bangalore
Dear Bhaskar, Did they acknowledge your resignation over a mail or anything of that sort, before they sent the mail in regards to the new rule on notice period ?
12th October 2010 From India, Bangalore
Dear Bhaskar,
I could see the discussion taking a wild shape.
See, the policies, when changed, it is intended to apply to every employee in the organisation, however, a marginal time exemption should be in provision for those on the verge of the implementation of new policy.
There is no need to immediately run to court or legal advisor. Assess the current position. Talk to your boss. Once we, on the forum can understand your personal problems, it is positive, your boss or his boss will surely understand this. If not, you have been working at a very wrong place. Your decision to quit was the best. That's all. The maximum penalty for not serving the notice period is notice pay.
Try and solve the problems amicably. Be good to even those who were not good to you. Speak politely, explain your problems and resign gracefully.
Take care.
12th October 2010 From India, Madras
Hi,
As far as i know, an individual must abide to policies and regulations whatever mentioned in offer letter or (Consequent appointment letter).
If the letter states you need to serve notice for 1 month then that is sufficient enough( you can speak to your HR showing respective letters).
Just check if your organisation has anywhere mentioned clause saying "Management has right to change the rules without any prior notification", if such clause exits you need to abide by what your organisation says.
Best Luck
12th October 2010 From India, Mumbai
Hello Bhaskar, Pl respond to Mahesh’s query. It’s a loaded one & I think your reply could decide the options you practically have. Rgds, TS
12th October 2010 From India, Hyderabad
Dear Baskar,

If in your appointment letter the notice period is mentioned as 30 days and as a company wide policy the notice period is changed to 60 days it does not mean that your employer has to communicate to each and every employee and get his concurrence. It is just an amendment to an existing policy. Imagine if the establishment employs 5000 people then it will be practically impossible to give a letter in writing and obtain concurrence for every amendment.

As pointed out by Mr.Mahesh, you have only resigned from the job but has the resignation been accepted. Only if it is accepted it is deemed that you will be relieved from services but as per stipulations laid down in the acceptance letter. If there is no mention about the relieving then the clause in the appointment letter or the amendments thereafter will be applicable.

Please note that a notice period is the breathing time given to our HR department to locate a successor and also for the respective department to reallocate the responsibilities of the outgoing candidate.

Strictly going by the rule book even leave availed during the notice period will have to be served by the employee.

The other aspect is though you have submitted your resignation in the morning, technically you are in service till the close of working hours of the establishment and any amendment during the day automatically becomes applicable to you.

I would recommend that you need to discuss with your boss instead of fighting it out. While it is appreciated that you are willing to pay the notice pay, it is better that you gear up and pay up for 60 days instead of 30 days voluntarily to diffuse the tension.

ALL THE VERY BEST!!!

M.V.KANNAN
13th October 2010 From India, Madras
Kannan: A new policy has to be communicated to the employees.
Should the consent be taken of the employee on the policy, particularly the one that impacts a contractual agreement like an appointment letter? That's an open question and someone needs to point out exact applicable piece of law(I dont know of any to be honest)
Acceptance of the resignation:
What if the organization does not accept the resignation? Is it legally binding on the individual that one can separate from the organization ONLY if the organization allows to?

13th October 2010 From India, Bangalore
As stated by Mr Mahesh acknowledgment is key because that only assures that resignation has been accepted and notice period is start now.
And more important is keeping your cool because this kind of situation should be used to learn the things so go and talk to your boss in detail. If you are not satisfied go to HR and do a constructive discussion so that you don't do the same mistake if any you have done here, in future.
All the best
Nikesh
13th October 2010 From India, New Delhi
Dear,
If in your appointment letter the notice period is mentioned as 30 days .This is enough
. If your employer try to stoff you then you may go to court nor no need .
Thanks
Mohammad Ahsan Halim
Manager HR, Admin & Compliance

13th October 2010 From Bangladesh, Dhaka
Bhaskar, kindly refer to your Appointment letter, what does it state one month ? If yes, then u need to serve that much notice period only. If co. has changed the no. of days of notice period did you signed any letter to that effect, if not then you are not covered. In your resignation clearly mention the clause of appointment letter with reference to this and that… Incase organisation doesn’t agree to it, make them clear that you would sort legal help and would sue them for non commitment to the contract.
13th October 2010 From United Kingdom
You will not have to serve the additional notice period.
Reason is you have resigned on the day much before the new policy came in to force and no body can stop you from leaving.
Also check whether the mail is sent to you only or all the employees
Also talk to your senior regarding this.
Make sure you resign without breaking relations with your boss
Rohit Mane
13th October 2010 From India, Mumbai
Dear Mr. Kannan,
I fully aggree with you comments, But still the company are framing polices for Leave, Resignation, releving, but no compnay is giving the assurance for Increment or salary hike in the A.O.
Dose it not shows that we are still lacking the bilateral cordination with employee and employer relationship. When a employee's Resign either he has to pay or serve notice period, but no clause to assure him minimum salary hike as per inflation. Why that part it is not included in the A.O given to employee. All this rule suggest that Employer is in safer side without any commitments.
These are my personal views, hope other members aggree with me.
Regards,
SIDMAN
13th October 2010 From India, Madras
Hi Bhaskar
Greetings for the day!
I would like to take que from the post made by Pri_Sal,I subscribe to the view posted by him/her.
I would just like to add that you should consider this as sheer bad luck and accept the ammendment in the exit policy.
It's always advisable to arrange a smooth exit from the current organisation and not burn the bridges behind. To ensure the same you can have a face to face discussion with your current boss and also your HR and offer to pay for the notice period. I am sure if they are convinced about the genuineness of the reason for you to quit they will arrange a way out for you.
I have seen in many organisations,even big conglomerates the release date is in the hands of the immediate supervisor/boss. If you can wrap up your unfinished assignements and train your replacement(knowledge transfer) within a stipulated time I believe your boss/supervisor will have no problem in relasing you from your duties
All the best
I hope this makes sense to you
13th October 2010 From India, Pune
it seems for the HR & Company there is no rules to be followed and they can do anything to harass till the end to an employee who is leaving, however if required law shall help to have the clear understanding, but again being in India, law is also incredible !!!!
13th October 2010 From India, Mumbai
Find comment in Red.
here i have not intention to contradict you but there are some labour laws implemented by the Govt to regulate the service condition,and for smooth functioning of industries/business establishment, so as their should not any conflict between the employee & employer.
Before making company policy and change in policy the company policy maker should adhere to those provisions which are applicable to them. otherwise there may arise conflict of interest between both sides. and labour unrest.
i concure with on the point that if someone want to leave one organisation then exit should be hassale free, harmonious and that can only be set out through negotiations.
13th October 2010
Mr. Bhaskar,
One has to serve the during Notice period, on his resignation or pay one month salary. And the clause should be incorporated in the appointment order or Standing orders, if any, applicable to the incumbent. In your case the change in notice period is not applicable to you, provided such change is after your resignation date /time. Hence, if you want to pay notice pay pay one month notice pay and say good bye.
Regards

13th October 2010 From India, Hyderabad
Normally the employment contract will have termination clause, as per which the termination can be effected by employer with a notice or the salary equivalent for the notice period(usually basic+DA) for the notice period. On the ground of equity, this facility will also be available to employee signing on the other side of the contract.The terms signed and accepted are only binding on the parties to the contract and any changes will have to be put in writing and signed by both the parties to be effective.
I hope this answers the question raised.
JR Kumar
Faculty Director ,
FAPCCI, HYD.
13th October 2010 From India, Hyderabad
Dear Bhaskar,

I agree with the view points of Mr. M.V. Kannan.

To add further, Organization will have the justification for increasing the notice period purely on account of its business interest as always there will be a knowledge loss once a person is moved out. Though the vaccum can not be filled immediately with a new person, yet some knowledge can be transferred within such notice period. With this view in mind, certain organization has extended its notice period even as 90 days. However, allowing the individual to serve full notice period is totally rests with the position and responsibility the individual has been holding coupled with the sincerity of that person towards the organization. In contradiction to this, there is a belief (not in all cases) that once the person is resigned the 'loyalty'/ 'sincerity' towards the organization + the output gets diminished and the individual starts flashing sorts of negativity towards the organization among colleagues. Therefore, majority of the corporates, in the current scenario, believe in relieving the resigned employee immediately by waiving off the notice period, if they feel that there wouldn't be much value addition by holding such outgoing person.

Further, certain organization (owner dominated) has the tendency to hold people for one reason or the other only to harass the outgoing person.

All the above 3 scenario are of pro-organization and as such, I would also suggest you to speak to your HR and request for waiver on account of your marriage, which, I am sure, will be acceded to. However, as suggested by Mr. Kannan, you may pay the notice if you have ample money. (Any way you are going to spend money on your marriage!).

All the best,
13th October 2010 From India, Jaipur
Dear Baskar,
I think whatever is in your letter of contract/appointment remains valid but as for the change in policy i think its important you seek clarification from your boss inorder to avoid unnecessary conflicts.
what is important here is ammicable understanding on the issue. what is applicable is that when a policy is changed it takes effect immediately but i hope it wasnt changed inorder to trap you in.
Rgds,
AAA
13th October 2010 From Kenya
Hi 2 All,
Actually i joined as HR in Software Solution.I would like to improve our organization development.So I selected one best website for Guide is CITEHR team......:)
I Hope it will be useful to me in future.First of al I want to know the terms and condition of the basic sense in HR designation and also i need some letter format for our employees......)
I'm awaiting for your valuable reply:-)
13th October 2010 From India, Madras
Well Said Kannan!
The notice period is a time to find a right candidate and train him or her
moreover the resignation and other issues should be talked across the table for betterment of both the parties
i do not think the HRs are so harsh and blind on policies
i think most of us do the real search on truth in the issue and decide
i faced the same and the HR team was excellent in closing the issue and i did extend my notice period for two weeks amicably
Bhaskar
Speak to the people concern
13th October 2010 From India, Madras
Dear Bhaskar, Check your notice period mentioned in your appointment letter. whatever is mention there, you have to serve that. Bandita Speak to the people concern
13th October 2010 From India, Mumbai
Hi Bhaskar,
Company can change the policy at any time. However notice period is part of the appointment order and it should be agreed by both the parties. In your case you have submitted your resignation letter before the declaration of new policy, so i belive it will not be applicable to you. anyway u can check with your boss as they may be thinking something else.
Regards,
navin
13th October 2010 From Qatar
Dear essykkr
I agree with your "analytical" reply; and the fact that you have raised several pertinent questions.
Although several Labour acts do not apply to executives/managers; it stands to reason if a "universal" policy such as notice period is being changed; then it must be so for the whole set of employees !!
Consequently, there is a need for "Notice of Change" or the circulation of such policy among the employees.
An organization, can not do so OVERNIGHT; especially when someone has given a notice of resignation.
The only valid conclusion that can be drawn is - the company has acted upon the receipt of resignation; and the enhancement of notice period is an "after-thought" and done without any bona-fide intentions.
A company can be-fool its employees for some time, but it can not fool the world. It only shows the true nature and policy of the company.
Warm regards.

13th October 2010 From India, Delhi
Dear Bhaskar,

Wedding is one of the most important and precious phase of life... Preferable one should not jump jobs at this point of time... But i am sure you might have planned out something..

Yeah, its true that the 60 day clause is applicable to you as well.. And as said above by Respected M.V. Kannan concurrence of each employee is not possible in the office.. And in 99% OFFER LETTERS the Clause ""Management has right to change the rules without any prior notification" is always mentioned... So fighting back may not really work... And at the same time some1 above has also mentioned that a grace period is always maintained for every plan.. So its advisable that you talk to your boss,... Since its an issue of wedding, which is very genuine 1... I am sure your boss and the H.R Team would work it out for u...

There is always a way to put across your words... choose the right 1... because out of court is the only way out for you... Or the other way is to serve notice for 30 days and then pay for the rest 30 days.. but with the Fundamental of GRACE PERIOD,... First you can try to convince, negotiate and then finally opt to pay for the rest 30 days... because paying back to the company does not really make sense to me...

Wish you luck for this issue and may you have a happy married life..

Regards,

Rahul Salvi
13th October 2010 From India, Mumbai
Dear All,

Please note that views are not expressed just considering the law of the land but also considering the career prospects of members.

While we assess candidates we observe some candidates are unable to produce a relieving letter from some of his former employers. Then it gives us a signal that he has quit without a proper notice period.

You will appreciate no employer will keep an unwilling employee. In fact you will observe that the HR department responds to resignations in varied manner.

1. Company accepts the resignation immediately and relieves him from employment.

2. Company is willing to adjust his leave balances for the notice period.

3. Company insists that the employee serves the full notice period.

4. Company is unwilling to relieve the employee and requests him to reconsider his decision.

Consider all situations cited above.

Situation 1 : The company was waiting for him to resign. May be he was not performing well.

Situation 2 : The company has an employee to take up his role and the employee only needs to do some briefing of jobs done by him.

Situation 3 : The company is yet to locate an employee.

Situation 4 : The company is impressed with his performance and is willing to offer him a good career.

I also wish to add that you will come across professional organisations doing background checks with past employers either personally or telephonically and if the relationship with the employer is estranged then the employee might lose a prospective employment.

In my humble opinion "LAW MAKERS SHOULD NOT BE LAW BREAKERS"

Trust members will see logic in my statement.

M.V.KANNAN
13th October 2010 From India, Madras
Hi Baskar,
I have been closely observing the discussions on the topic. I m in agreement with Mr. Kannan. Please discuss the issue with concerned stake holders, there is still a ray of hope for u.
pls share the outcome.
Best regards
coolbee
14th October 2010 From India, New Delhi
Dear
Post submission of your resignation letter changing the notice period is arbitrary and meant for short circuiting your resignation .Serve for 30 days or buy out the notice period.On the facts exposed by you the law is on your side.
. With Regards
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
14th October 2010 From India, Bangalore
Dear Mukul, Any appointment clause, unless signed by you as agreed, is null & void as per Comapny Law. You go ahead & no need to worry. Have a happy marriage. regards, nik..
14th October 2010 From India, Indore
Dear Bhasker,
This is to inform you that company having a right to change or alter any of the policy any time but as per your accepted appointment letter which is duly signed by HR/ Director, it is mentioning 30 days of notice period than nobody can stop you more than the notice period. Also consult with your new employer about this issue.they will give you the alternative like resignation acceptance letter etc. don't go for the legal proceedings it will adversely affect to your carrier.
Regards,
Abhishek
Executive - HR

14th October 2010 From India, Mumbai
Hi Capable, Well said!. Appreciate the way you have suggested to handle the issue. All the members should learn from Capable for positive approach. Keep it up!. Shiva
14th October 2010 From India, Madras
Dear Bhasker, There is no need to worry if you resign before the Policy changed and communicated to you... Krunal.
14th October 2010 From India, Vadodara
Nothing doing. No need to work for 60 dayds or pay for 60 days. Or even 30 days.
Collect your pay. Then say i want to leave and hand over your work responsibly.
I am an employer and i had no objection , why force someone.
Manoj shah
14th October 2010 From India, Mumbai
As per the Industrial emplotment standing order act, there should be a way to solve such case and accoding to standing order only such case are to be dealt.
However, according to the section 9-A of the industrial Dispute act 1947, the company can not change the notice period as 60 days without due permission from labour authorities and without consultation with trade union. If the they change notice period as 60 days from 30 days for the reason whatever may be, the same is illegal and null & void.
For further details,if required, please mail to email id
14th October 2010 From India, Dindigul
Dear Bhaskar,
Your employment is initiated and caused by an appointment order, with is signed by both the parties, this agreement is bonding and binding document. If there is any change in any terms and conditions of appointment, it should be agreed and signed by both the parties.
Since you have issued a notice of resignation earlier to the change proposed by other party and have not yet accepted and signed on the dotted line, the new rule of 60 days is not binding on you.
You may just attach a copy of your appointment letter, highlighting the notice period of 30 days and I am sure that wise sense would be prevailing on the right people in your company. If not, a simple legal advise can be sought.
Regards
Nataraj
14th October 2010 From India, Delhi
Dear Bhaskar,
If the policy was announced later than you had submitted your resignation the policy in force at the time of resignation shall be applicable. Hence it is very clear from legal point. The acceptance of resignation is the management's problem they may or may not accept but in this case notice shall be required only 30 days.
All The best,
M. S. Rawat
14th October 2010 From India, New Delhi
Dear Bhaskar,
As mentioned by Mr Mukul, the terms of conditions applicable to employee and employer will be as per the letter exchanged and sign by both the parties. Since you have mentioned that your letter of appointment a notice period is 30 days which is applicable to you. Any change subsequently will not be applicable to you as the announcement is after thought.
However, pl maintain good relationship even while leaving.
best regards
Ravindra Chaubal
14th October 2010 From India, Nasik
Hi,

Congratulations! for getting married.. best wishes to you both, have a very long and a happy married life :)

First, I would like say that your company doesn't have any personal grudges with you that they will suddenly change their policy on your resignation. Is it that lot of employees are resigning from your company and to control the employee turnover they had to take such decision and immediate action.

But yes I do feel that implementation of any policy at a short notice is little unethical practice and may not benefit their employees in such cases. As many others have also suggested you to speak to your boss because he/she can actually help you basis your personal problem/requirement. And more over you are willing to pay for your notice period, I don't think they should have problem in adjusting. I hope you are not in between of any critical project, if so; then you must also try and complete it before you leave the company, it's your responsibility.

All the Best!

Regards,
14th October 2010 From India, Hyderabad
Dear Bhaskar, I think you have to acknowledge on to the comments given by our fellow members.
14th October 2010 From India, Bangalore
I am of the opinion that it would be better to pay the amount due as per the new policy if you want to get relieved within 30 days instead of entering into conflict with the management.
14th October 2010 From India, Hyderabad
Bhaskar Where are you? Hope you served at least for one month notice period or paid for it:)
14th October 2010 From India, Bangalore
Hi, presuming that the amendment came befor your resignation was accepted, it is binding on you. However, the timings of both the actions i.e. your resignation and the amendment would tilt the legal battle in your favor.
This being the legal position, I would still suggest you to go by what "Capable" and Kannan have suggested. Considering the facts, better to talk and settle and if no settlement is feasible, just pay and move out.
Naresh Arora
15th October 2010 From India, New Delhi
Dear Mr.Basker,
Please follow the Capable's & Mr.Kannans advise. It is quite sensible and reasonalble. If you follow this will be good for your carrier growth where ever you are.
Regards,
Ranganathan
15th October 2010 From India, Madras
Hi, This is K.C.Seshadri would like to know whether it is necessary to serve notice period. Because I have completed my one year probation period in end of July 2010. Till date I have not received any written communication from the management that my probation period is either confirmed or extended further.
Now that I want to putdown resignation. In this case, one month notice period is applicable as I have completed my probation 3 months ago.
When asked the management they said orally that I have taken 7 days LOP Leave and 12 days CL due to this my probation is extended till December 2010. And this is management police hidden will not be revealed to each employee.
This is very very urgent can anybody legally guide me how to putdown resignation.
Kindly send suggestions to my email id .
Please help me urgent pls.
Thanks and I remain
K.C.Seshadri
15th October 2010 From India, Madras
Dear HRs
I am seshadri kc once again request you to kindly guide me in my case of resignation which thread I have posted herein citehr.
Please let me know the legal provisions whether I have to serve notice period as my probation period is already over and I am yet to get any response from the management regarding my confirmation or extension of probation.
Can I quit without serving notice Please guide me.
Thanks and I remain,
K.C.Seshadri

16th October 2010 From India, Madras
Dear Mr.K.C.Seshadri,
You have not made any mention about your offer of appointment. Does it state any notice period? Are you aware of any standing orders applicable in your industry.
The statement regarding leave availed by you.
The legal position is, the company has already deducted wages for the days you were on LOP and CL as per your eligibility. These cannot be considered for considering the notice period.
In short, if in your offer of appointment you are required to give 30 days notice or 30 days wages in lieu of notice you will be legally bound to do it. Other than this there you are neither required to serve for the LOP days nor CL availed.
M.V.KANNAN
17th October 2010 From India, Madras

Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™