Riteshmaity
Labour Law Advocate
Rdsyadav
Educator, Management Consultant & Trainer
Iamshubhangi
Hr Executive
+3 Others

Thread Started by #iamshubhangi

Dear All,
I am facing similar problem.
My company HR send me an email on Saturday at 4.30 pm in which i was in BCC mentioned Notice period change from 1 to 3M its notification email & soon letter will send you.
On same day, i had discuss with HOD & send an email to HR about non acceptance but they said it wont be change.
Within 10 days i have resign from the company as got the other offer.
Now they are telling i need to serve 3M as they have send notification email.
I had word with management also but they are also telling your critical resource cant relive you. But my next company want me to join in 30 days or else i will loose the offer.
Guys, need your help, can any company change anyone's notice period without the letter. That to it is not unique for everyone. I need to release in 1 month what should i do????
22nd April 2016 From India , Mumbai
Hai,
Some company ask the employee to serve three months notice period or to pay the three months basic salary, you can ask the employer regarding the exact clause about the notice period and request them too.
22nd April 2016 From India, Bangalore
The company cannot legally enforce revised notice period when employee has declined to accept it and has submitted resignation. Orignal notice period applies to the employee.
22nd April 2016 From India, Pune
The original notice period ( 1 month) will remain in force since you have not accepted the subsequent change (3 months) of notice period.
You can tendering resignation to the company giving a one month's notice period in terms of the original appointment letter.
For more information, check my blog at www.labourlawhub.com
23rd April 2016 From India, Kolkata
Hi,
Original notice period can be changed by the employer , however if one gives non-acceptance in writing one's original terms & conditions will stand still. You go ahead with your resignation process, simultaneously do keep your future employer also in the loop. Good Luck!!
23rd April 2016 From India, Mumbai
Dear shubhangi, Do not sign in any paper given by your company. And also take a printout of your mail which you have sent to HR as a proof. May be it will helps you in future also.
23rd April 2016 From India, Delhi
Dear sirs,
Any corrections, amendment of T&C in appointment letter is correctly done provided employer and employee have signed such T&C . Appointment letter is nothing but a written and agreed contract between two parties which needs to be adhered by parties based upon express conditions mentioned by both. Any change by either part must undergo as a fresh contract as done originally in signing contract with mutual consent.In giving shape a legally valid contract and in present context " Appointment Letter" since employee has not consented , is liable to be rejected on basis of legal lacuna.E-mail communication, circulars, notices are means of communications which you have responded rightly that said changes are not agreed by you.
Regds,
RDS Yadav
Labour Law Advier
25th April 2016 From India, Delhi
3 months notice it is.
Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.
25th April 2016 From India, Bangalore
Dear shubhangi,
1st - As the other have suggested, don't sign the revise Notice period letter when shared with you.
2nd - If you have Resigned before the new Notice period mail was floated than they cannot ask you to serve 90 days notice.
3rd - If still they ask you to serve 90 days than you can ask your reporting to wave off your notice period & relive you after 30 days notice (Your reporting should have the power to wave off your notice period). He/she can easily get in touch with the Management & HR's and ask for wave off.
Please note - do keep all the communication over a mail and CC to your personal ID.
Try to keep a healthy relationship with the current company during your notice period
These are the options which you can try.
27th April 2016 From India, Mumbai
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