Vikasdubey
Hr Professional
Amul
Human Resource Training
Jampaks
Manager Training
IT_employee
It Employee

Thread Started by #IT_employee

HI All,
I work for a renowned IT company.
My company changed the resignation period (notice period) from 30 days to 60 days sometime last year (2006).
When they changed the resignation period only one notice was sent to all the employees via email. There wasn't any other document which i have signed wherein the changed notice period clause is given. Also, when we received increment letters in this year (Apr-2007) there wasn't any mention of changed notice period.
Recently, i have tendered my resignation giving them a notice of 1 month as per my new employers requirement.
But the company wants me to serve for 60 days.
Can the company force me to stay for 2 months? Since i have not signed any document which mentions this clause of 'increase in notice period' and my appointment letter mentions 30 days as notice period i think i should only serve a notice period of 1 month.
Your opinion are awaited eagerly.
Thanks & Regards,
IT_employee
26th July 2007 From India, Mumbai
Hi,
The notice period policy can be modified by the organization at any point and the announcement sent is binding!
Good things is, you still have a chance!
As you have mentioned, your appointment letter states the notice period of 1 month, i suggest you take it up with the HR department of your organization. You may want to explain to them that as you did not sign any papers indicating your agreement on the revised policy, in the court of law you stand a chance.
I suggest you try and reach a settlement inter-office as the legal proceedings may take years and may be very tedious task.
Warm Regards,
Pankaj Sethi
27th July 2007 From India, Delhi
HI,
dear you just mentain your stand & none can pressurise you to serve 2 months notice either legally or morally. The reason is.....

1. The terms & conditions of employment can not be changed arbitrarily at least not by sending a mail as it is guided by Standing Orders of the Organisation.
2. A letter of appointment is a form of contract between employee & employer to get into a relationship of mutual benefit.
Hope now matter is clear...
regards
vikas
27th July 2007 From India, Mumbai
HI,

Thanks for your advice.

Agreed that legal proceedings will be very tedious both for the 'Company' and the employee. Also it will bring some bad name especially to company for malpractices.

But now the company is trying new tricks like suggesting buyout options meaning - if you wish to leave earlier than the leave period than pay the salary to company.

I checked again - there isn't any policy within the company and also nothing on my appointment letter as well as latest increment letter.

On enquiring, i got to know that they are coming up with such policy. Now the question is ' Can any company come out with policies like this which are pre-dated ie effective from a past date' like say from the begining of this month?

I think companies today think they are very powerful and an employee would not have resources, time and money to fight against it.

I do understand that this cannot go to 'Consumer court' (where things are addressed very fast), does any body know any other court or place/forum where this can be addressed very fast?

Thanks & Regards,

IT employee
27th July 2007 From India, Mumbai
dear,
you can't move to any court for anything. Every court has its jurisdiction limits within which it has to operate. You are an employee so you have to approach labour court 1st & then it can go step by step to Supreme Court even but not directly.
27th July 2007 From India, Mumbai
dear friend
your employment letter is a mutual contract. The company cannot unilaterally change the contract for you. It can however change the terms en-bloc for all its employees.(it is like change in office timings which are applicable even though they affect the employee)
also pls check if there is any area common in your job betn the previous employer and the new employer. And if your previous employer has any non-compete clauses. If this part is ok, then i dont think you should be worried.
All the best
Amul
27th July 2007 From India, Pune
HI Amul,
Thanks for your comments.
Can you please elaborate on
any area common in your job betn the previous employer and the new employer
and
if your previous employer has any non-compete clauses
I would like to check the same from my end.
Thanking you.
With Regards.
IT employee
28th July 2007 From India, Mumbai
Dear Friend
In your previous contract check for a non compete clause. In case there is one... then make sure that your current profile is different from the previous one. Also check if the new organization is competing with the old one; or is related to the old one- as a vendor or customer.
If answer is yes then it would be better to consult a lawyer for safeguards. If not then it should not be a major issue.
Regards
Amul
28th July 2007 From India, Pune
Hi can you send the discription of the mail in which your employer has announced regarding the change in notice period regards vvv
7th May 2008 From India, Madras
hi,
I am the hr in small organization, today my boss is asking to change the notice period policy for all senior employees.
i need format for the same.
can anyone mail me
1st December 2017 From India, Delhi
Need a format where company has increase the notice period i.e letter format
18th June 2019 From India
Hi,
You can create a template and there is no standard format. You can issue separate letters to all employees about the amendment in notice period in case of separation. It will become valid once each individual signs the letter.
Dear
Sub: Amendment in notice period
Ref : Your letter of appointment dated____
With reference to your letter of appointment dated ____clause no.___ stands revised as detailed below
The Company will be entitled to terminate your employment by giving you__ month written notice. In case if you want to terminate this employment contract, you will be required to give ___month written notice or forfeit in lieu thereof, the gross pay for __months or pro-rated for the period by which such notice falls short of __ months.
If you work for a corporate office then you can follow the above...and modify as per your employment terms.
If you work for a Factory where Union is there the process will be different.
19th June 2019 From India, Madras
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