Psdhingra
Legal Analyst, Hrm
Archnahr
Consultant, Writer And Trainer
Trapti
Admin & Hr Executive
+2 Others

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Hi, Is it possible to increase the notice period from one month to three months? eventhough in appointment letter it is mentione only one month ?
go as per your appointment letter.May be its for new joinees if HR ppl have not given you the new letter.You can clear your doubts thru HR members of your Co. Regards, Trapti
Hello....
Yes it is possible to increase the notice period from one month to 3 months, the HR department just have to design a SOP for the same mentioning that as per clause no. XYZ...we would like to inform you all that the notice period now has been changed from one month to three months and please cite the reason also.
Also, issue a letter to all the employees and take their signatures on one of the copy and keep it in their personal files.
For the new joinees, you can issue new appointment letters mentioning 3 months notice period.
Regards,

Hi,
As Archna told, the notice period should be increase. But one suggestion is that please modify the appointment letter with mentioning that "Any modification/Time to time modification in the policy must be applicable to all employees"
And also make one circular regarding the new/changed policy.

As the appointment letter is an agreement/employment contract between employer and employee hence no subsequent change can be affected by a single party without the acceptance of other. A unilateral decision by a employer is not binding on the employee.

Any change in the service condition taken unilaterally by the employer will be termed as exparte and cannot stand the legal scrutiny.

Also as per the Industrial Dispute Act 1947, the management cannot alter the existing service conditions without giving 21 days notice of such change.

According to me 90 days notice period is unfair and this cause should not be supported, neither this step is going to solve any problem. Even Hon. Supreme Court and few High Courts have termed 90 days notice period as unfair labor practice. I doubt such employment conditions are possible to implement.

Dear Archna,

Just preparing a standard operating procedure (SOP) and taking a signature of employees is not enough from legal point of view. Issuing a circular/notice and taking the signature of employee’s means you are just intimating them about the change in service conditions. It does not mean acceptance of the same.

To avoid future trouble there should a clear worded acceptance clause like:

I……, have read, understood and accept the change in the service conditions……..

Regards,

Dear Sarin,
Of course the change in notice period is possible for the management to do, as a policy, but that would be applicable only for the future employment, unless you have also accepted that.
Legal complications, of course, will be there as the management cannot unilaterally enforce change of agreement terms already entered in to with you, unless voluntarily consented by you. Of course, since it would be equally applicable on both the sides, you will also have to accept one month's notice, instead of three months' notice, if the management desires to terminate your services at its own. In that case you can't insist the management to pay you salary in lieu of the remaining period of two months being short of notice period.
PS Dhingra
CEO cum Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
[dcgroup1962@gmail.com]


Dear All
Management can not change the terms and conditions of the employment with out written consent of the existing employees. (to change notice period for existng employees). Each employee must be be spelled in writing about the change and it should be accepted by the employee in respect of the exisating employees, change if any, made to his employment conditions.
In respect of new employees of course the new empolyment letter shall contain 90 days.
Regards
V.P.Rao

HI Mr. Kamal Prasoon Sinha,
Kindly go through the reply written by me once again....I have clearly mentioned that the employer should issue a letter to all the employee not just notifying the change but also their acceptance of the same.
This is a legal practice and is being used by many of the companies as one of the retention strategy. It is altogether a different matter that 90 days notice period does not contribute much as a retention strategy.
Regards,

Dear Archna,
No issues :) ...but this is what i read in your input "Also, issue a letter to all the employees and take their signatures on one of the copy and keep it in their personal files."
regards,
Kamal

Hi All
As per my understanding there should be a circular stating that we are going to increase the notice period from 1 month to 3 months before issuing new letters to existing employees.Moreover if the current employees doent agrre for this then how can it can be amended?

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