Jeshkan
Manager-hr
Hannah123
Hr Generalist

Thread Started by #Anonymous

Dear all,

Inputs in the above discussion really helped me .. thank you so much!

I am currently facing a similar situation, the notice period is 1 month in the appointment letters issued till date irrespective of probation confirmation.

However since we are facing attrition in critical resources we want to send out communication to entire organization stating that the notice period would be 2 month after confirmation.

But here are my concerns:

1. By doing so am I violating any labor law ? we are an e-Commerce company !

2. Do I need to take an acknowledgement from the employees to enforce such a change or an email communication from the CEO would suffice ?

3. And regarding the final settlement would I have to hold back 2 months salary until the employee serves the notice?

4. Kindly help me with a email format to be sent out to all employees mentioning the settlement details as well & the management is flexible to let go few employees (diff department) before 2 months notice so request you to share your input and also help me with a format for the same asap...

Thank you !!!
10th July 2013 From United Kingdom
1. By doing so am I violating any labor law ? we are an e-Commerce company ! - No you will not be infringing any labour law

2. Do I need to take an acknowledgement from the employees to enforce such a change or an email communication from the CEO would suffice ? - Acknowledgement from all the affecting employees is highly sought before effecting any change

3. And regarding the final settlement would I have to hold back 2 months salary until the employee serves the notice? - If employee is ready to serve two months notice period then it is not advisable to hold salary for two months...

4. Kindly help me with a email format to be sent out to all employees mentioning the settlement details as well & the management is flexible to let go few employees (diff department) before 2 months notice so request you to share your input and also help me with a format for the same asap... - Please prepare a draft & upload here we will do the necessary corrections with it....

attribution https://www.citehr.com/465468-notice...#ixzz2YdE4J6Be
10th July 2013 From India, Pune
Hi,

1. How can you say that just by extending the notice period from one month to two month, will help you in minimizing attrition rate or attrition level in your Company? If you want to reduce attrition level, I do not think this is a right way. I do not think that you can not stop people leaving your organization just by extending notice period.

Now to your questions:

1. By doing so am I violating any labor law ? we are an e-Commerce company !

No, you are not violating any labor law. Company has the rights to do amendments in any policies & procedure as and when it requires for the welfare of the Company as well as for welfare of the employees. Note: Give clear details on Notice Period Buyout clause.

2. Do I need to take an acknowledgement from the employees to enforce such a change or an email communication from the CEO would suffice ?

No need to acknowledgement from the employees. Get approval from top management and must communicate very clearly to all employees in the company on the changes in the policy & procedure.

3. And regarding the final settlement would I have to hold back 2 months salary until the employee serves the notice?

You can not do F&F without an employee serving the notice period and if he/she is not ready to buy notice period. You should carry out this on case to case basis.

4. Kindly help me with a email format to be sent out to all employees mentioning the settlement details as well & the management is flexible to let go few employees (diff department) before 2 months notice so request you to share your input and also help me with a format for the same asap...

Discuss with your Management and write accordingly.

Regards,

M.Kannan
10th July 2013 From India, Madurai
Mr. Kannan,
I will differ with your below answer, any service condition change can not be implemented without the consent of the affecting employees. ( ID Act )
Contract act also forbid the one sided contracts. As the other party is not interested to chage the terms conditions of of contract / agreement only either party can not effect the changes.
I hope I have cleared my views.......
Prashant
2. Do I need to take an acknowledgement from the employees to enforce such a change or an email communication from the CEO would suffice ?
No need to acknowledgement from the employees. Get approval from top management and must communicate very clearly to all employees in the company on the changes in the policy & procedure.
10th July 2013 From India, Pune
Dear Kannan,
Thanks for the inputs and I am not trying to minimize attrition level by increasing the notice period, there are few critical resource and if they decide to leave the organization we would require sufficient time for knowledge transfer and having 1 month notice period it would be difficult to do so, hence the change in the notice period.
Thanks !
10th July 2013 From United Kingdom
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