One of my friends was working in a Private Organization for more than 5 years.

When he joined the organization, as per the terms and conditions of the Appointment Letter he was to serve a notice period on One Month. Then there was a change in policy which changed the Notice Period to 3 months (intimated through mail) and if an individual fails to serve the 3 month notice period he will be treated as an absconder and will be terminated from the services.

My friend did serve the notice period of one month as per the terms and conditions of his appointment letter and joined another organization but when he demanded his reliving letter from his last organization , the organization refused it stating that it is company policy to serve a notice of 3 months which my friend failed to serve hence he will be declared as an absconder.



I know that Private Companies can anytime change its policies but these one sided policies are just against an individual’s right.

What can be done next... as my friend wants his reliving letter which is his right and does not want to termed as absonder as he did serve a proper notice and did not run away or in any manner cheated his organization.

From India, New Delhi
Agreement whether employment or any kind of service can not be onesided, such agreements shall be arbitrary and subject to judicial review at option of other party.
As per severeance clause there might be 3 months notice period or 3 months salary in liue of notice period in case of termination of employer from either side.
Your friend completed one months notice period, he can pay two months notice period salary. make a cheque of equivalant amount and write simple request letter, cheque to attached along with letter.
still if not sorted out than please can have intervention of labour authorities. Its the duty of employer to provide relieving/experience/service certificate to employee in event of seperation.


Dear Kapoor,
Generally the few terms and conditions of the appointment related with the Company Policy. If the policy changes, that is also effected in Appointment Letter. In your friend case, It is a policy change and the same was communicated thro mail. So He has to serve 3 months notice else he has to buy-out the notice period.
REgards,
Beem

From India, Bangalore
Dear Kapoor,
Every organization should have certified Standing Orders. Certified standing orders specify the notice period in case of termination of employment due to resignation. In any case (Shops Act or Standing orders) this will be one month only. No organization can fix notice period as per their whims and fancies. In your friend's case his appointment letter says that the notice period is one month and subsequently changed to three months which will not stand in the court of law. He can make a reference to the above act and seek his dues and relevant letters from the org.
Regards,
Sai

From India, Hyderabad
Apart from what other members have replied, the employer cannot treat the employee as absconder for not fulfilling the notice period. In the relieving letter it can be mentioned that the employee has resigned on his/her own will on ------------(date) and have not completed his/her notice period of 3 months and is relieved on ----------------(date)
From India, Ahmadabad

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