Human Resource Training
Shilpa Bharat Kale
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.
27th July 2007 From India, Delhi
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...
27th July 2007 From India, Mumbai
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,
27th July 2007 From India, Mumbai
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
27th July 2007 From India, Pune
Thanks for your comments.
Can you please elaborate on
any area common in your job betn the previous employer and the new employer
if your previous employer has any non-compete clauses
I would like to check the same from my end.
28th July 2007 From India, Mumbai
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.
28th July 2007 From India, Pune
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.
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