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Lucsum** my question to all of you is .. is it legal to impose 3 mths notice period without agreement from the employee.. Also please suggest what should an employee should do avert this imposed policies.
From India, Bhopal
Hussain ZulfikarAny new policies introduced by the management, must be bought to the notice of the employees by official circulars/memo etc. However when employees signs the employment contract, there is a clause which mentions that, employee abides and agrees to all the policies with regards to his/her employment with the company.
Any policy introduced by the management has to conform with local labor laws, as member of the firm every employee is bound to follow the policies set or introduced by the management under the purview of law.
So in your case, if your management has changed the notice period policy from 1 month to 3 months and this is conveyed to all the employees through official channels, then it becomes valid and binding on employees to follow this policy.
Howver if an employee has already resigned, his resignation accepted and notice period is under progress and then the management amends the notice period policy and impose the extension, then its not valid and bindng on the resigned employee.
This are my opinions, however lets hear from readers and seniors in this context.
From Kuwait, Salmiya
Hussain is right when he says:".........management has changed the notice period policy from 1 month to 3 months and this is conveyed to all the employees through official channels, then it becomes valid........"--the key words being 'this is conveyed to all the employees'.
Also, you need to notice that there is usually NO provision for any 'concurrence/acceptance' by the employees of any changes. It is usually more of a 'For Your Info pl' situation than 'For Your OK pl'. It's usually presumed that the HR does the policy changes in the larger interest of the Company than any individual.
From India, Hyderabad
LucsumI understand that 3 months NP is justified for senior managers because they carry lot of work and when some body replaces him then it takes time to transit things to new senior manager and the other company also wait for him for 3 months ... But for other who will wait for 3 months...
I am a account manager .. i handle sales and i will go to other company in sales profile only...will any body wait for me for 3 months.. I feel like cheated and lock in cage like a RAT
From India, Bhopal
V. BalajiWhat is wrong in that. When company changes the policy and also communicated to employees, then everyone has to abide by that.
I ask you something. It is not a questioning of "key" position or "lock" position. If there is a rule, everyone has to obey the same. If the rule is to wear helment, if someone not wearing helment and fined for that, will you cliam that you are sitting MLA and should not be fined? And you expect to be shown leniency on this?
Think other way round. When there is a rule of three months period, and management asks you to go within one month period, will you accpet? will you not ask for the balance two months notice period amount to be paid to you? In worst case, will you not approach conciliation machinery?
The notice period is something like "breathing time" for both employee / employer, so that both can comfortably take time to look for a job / look for a suitable candidate.
If any one of the them in hurry to wind up early, then there "conceptual clash" creeps in. Consequently dispute, ill-feeling etc. Why should we give room for that.
There are always two ends for any issue, 1) Solution end 2) problem end. I ALWAYS PREFER TO BE IN THE SOLUTION END. You choose where you want to be.
From India, Madras
LucsumI don't understand why an HR carry double standards.. let me give an example:
Virat, appeared for an interview and after qualifying through all the rounds; during the negotiation stage he was asked:
Interviewer: When can you join the company?
Virat: I have to serve a two months’ notice period.
Interviewer: Mr. Virat, we cannot linger this position for two months.
Virat: After a hiatus, ok, Sir I will try to talk to the HR department for early relieving.
Interviewer: We would like you to join in 20 days.
Virat: That would be complicated but I will try to cope as I have some leave balance.
Interviewer: Alright then, here is your offer letter.
Virat: Thank you (he signs the letter).
This is what happens with many of us….isn’t it? Now let’s see another scenario where Virat resigned from this company:
Same Interviewer (HR Person): You have to serve the notice period of three months.
Virat: But Sir, I cannot do that, I have some leave balance which can be ad
From India, Bhopal
Hussain ZulfikarHi Lucsum
HRs dont practise double standards, HR are compelled to perform thier duties as per the requirement and interest of the company.
and the kind of example you are giving here, I can relate this examples to our everyday life, where each one of us practise double standards,
If you are seller, you want to sell at higher rate, if you are buyer you want to buy at lower rates. So its all about negotiation.
In any organization, there is a decent notice period ranging from 15 days to 3 months and as per the business requirement. HR follows what is in the best interest of the company to replace the resource.
Usually there is a conflict between new and previous employer for the employee in between, there is always some middle ground for negotiation, if the new employer really wants you, they will wait no matter what, and work out an acceptable time frame to join them. Other wise there are laws to go around such situation, such as use your leave balance or buy your notice period to get relieved. "There is no free lunch"
When you join an organization, signing the employment contract you give your consent to all the clauses mentioned in the contract.
From Kuwait, Salmiya
I am totally agree with all H.R. Experts comments. I am also into sales job. I would suggest you should inform your new company about these three month notice issue with previous company and take compensation from then now a days companies are doing and compensate to new joinee employe. Try it.
From India, Ahmadabad
I am also facing the same problem. I am serving this company for last 2 years, And recently policy is changed to NP of 3 months. But in my offer letter NP was mentioned of 1 month, and if case of failing Employee have to pay 1 month salary to company (We can say buy out).
Now my new employer wants me to join in 1 month and I am facing following problem:
1. 3 months notice period is forcefully applied (It was just introduced in annual meeting, No paperwork done from employee's end.).
2. My employer is not allowing me to use BUY OUT option. But people of other departments getting it.
In this case i have to serve for 3 months forcefully, Is there any option i can use.
Or what should i do.
From India, Mumbai