Rdsyadav
Educator, Management Consultant & Trainer
Dhrao
General Manager - Hr
Nathrao
Insolvency N Gst Professional
[email protected]
Consultant In Legal Matters

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Hello,

This is related to denial of option payment in lieu of notice period after resignation by my employer.
I had submitted the resignation to my employer on 02.04.2015 at 0930hrs, maintaining notice period of one month as per my agreement letter.
However, as per change in policy by my current employer the notice period had been revised from one month to three months on 02.04.2015 at 1800hrs; made effective from 01.04.2015. Will this change be effective for me legally ?

Understanding this will be effective to me, I had offered to buy out the additional 02 months notice period (but not mentioned in my resignation) and urge to relieve me on stated one months notice period. However, my employer further mentions the shortening of notice period by forgoing salary of employee is not permissible. This is being very unfair by employer. I asked for the revised signed version of policy stating the same, which is not made available till date. I had also started handover of job to my colleague to ensure smooth hand over of tasks within one month.
Please suggest a legal binding/law for employer as per labour laws wherein such - shortening of notice period by forgoing salary of employee is not permissible is illegal.

thank you in advance for quick support.

Swapnil

From India, undefined
Revised period of three months is simply not binding on you.
Change has been done probably keeping your resignation in mind,but is not applicable to you.
You must insist and leave as per one month notice period as per your terms and conditions.
Revising these kind of terms with back date is not legally correct as far pending notice cases of resignation is concerned.

From India, Pune
Thank you Mr. Nathrao for inputs... Hello all, request you to kindly share any legislative reference as per labour law or incident as reference for the same. Thanks.
From India, undefined
As suggested by Mr. Natural, the employer cannot change service conditions with retrospective effect. Moreover, if you are working at ground level as engineer, you are probably covered under the definition of workman as defined under Industrial Disputes Act and thus covered under the Act. Under section 9A of it, conditions of service cannot be altered. See para 9 or 12 of Schedule IV of the Act. Make a complaint to the labour commissioner. Even otherwise under the State shops and establishment Act, generally notice period of resignation is one month and contrary to it by enlarging it not valid. But check up the concerned Act. There are number of decisions cited in various threads that excessive notice period is invalid. There is no need to pay notice in lieu amount.
Thanks
Sushil

From India, New Delhi
Hi,
Any unilateral and so called announcement of change in Policy is not binding to parties to agreement. The revision in agreement needs consent after signature of yours and your employer both as it was done first time at the time when you joined company. The provision of ID act stated by Mr. Sushil Luthra is also protects fully as explained very clearly by him , in case you are in Workman category. Its simple requirement of Law that parties to any agreement or contract must sign revised agreement to make the terms binding on to both parties.You are right and free to go with notice served and employer is wrongly trying to harass you.
Regds,
RDS Yadav
Management Advisor and Trainer

From India, Delhi
if an employer amended the said clause for thee months for all, from prospective date ,then it is binding
From India, Hyderabad
If the notice period is contrary to the provisions in State Shops and Establishment Act, or ID Act then the proposed alteration is invalid. Thanks Sushil
From India, New Delhi
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