Company Changes Notice Period Policy :: Existing Employee Disagrees To Obey After Resignation - CiteHR
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Dear Anonymous,
In many companies, a clause is added in the appointment about acceptance of payment in lieu of fulfilment of the notice period. In this clause a sentence is added stating that management reserves the right to accept the proportionate salary in lieu of the notice period.
We do not know verbatim of this clause. The answer will depend on the verbatim.
Dinesh Divekar

Dear Mr. Dinesh,
Once again thank you for your inputs. Yes, we have added a clause in employment agreement that company reserves rights to not accept payment in lieu of notice period. So, can this help us in filling any legal suit against the employee to stop him from leaving?
Just to share, I was reading some other threads on this forum and came to know that, adding this claus that "management reserves rights to refuse payment in lieu of notice period" makes the employment contract one-sided and any one-sided contract, by default is null and void and can not provide any legal importance.

Dear Anonymous,

At this stage, you refer the terms of appointment letter. Tell him if he is particular about the provisions mentioned in the appointment letter, then he should follow all the provisions and not just what suits him. Do not bother about whether the contract was one-sided or not. Whatever, may be the terms of appointment letter, he has accepted those at the time of joining the company. He cannot raise dispute at later stage.

It is not that easy to file a suit against the company. Since he is a manager, he will have to file civil suit and it will take years for the case to come for hearing. Even if he wins a case, then it will be Pyrrhic victory and he will not have any energy to enjoy the victory.

If he is talking about litigation then tell him to go to civil court and find out how many years it takes for a case to come for hearing. Tell him that wisdom lies in finding amicable solution and any confrontational attitude will land him in trouble. If he discloses that he is fighting a case against his ex-employer then who will give him employment? Tell him that your company can sustain even if the case drags on but fighting the case individually is not that easy. He could lose prime of his youth in litigation.

Tell him that if he abandons his duties, then he will be responsible for the consequences. Unauthorised absence from the duties is classified as misconduct under the provisions of Industrial Standing Orders Act and for this misconduct his services could be terminated also. Reasons for the termination will be mentioned in the service-cum-employment certificate and certificate with negative remarks will have no value.

Lastly, can we discuss something else on phone? Would you mind to give me your mobile number? Check the signature to know my mobile number.


Dinesh Divekar

Mr Jeevaratnam Which provision in ID Act or case law says that office staff is not workman..?
Dear Sir, All service terms and conditions are modified from time to time.Generally with mutual concent &/or as per govt. directive . Once a change has been notified and within a reasonable period of time (normally a fortnight) the same is deemed acceptance. However, on case to case basis, notice period is relaxed by employer.Particularly in case of old employee, generally a provision remains that for existing employees to accept the new condition.
Once you gave an option in your communication to accept new condition or resign. Non submission of resignation implies acceptance of condition. Your case is safe however an amendment in mail can ratify position now. g.p.agarwal, lucknow

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