Labour Law & Hr Consultant
Hr / Ir
+4 Others

Thread Started by #Priyankandandekar

After 8 to 10 years of service of employee, if we want to change some employment conditions i.e. Notice period , Designation, Working Hours. Which letter should be issued in such cases.
25th December 2017 From India, Pune
1) If you want to change everybody's notice period & working hours then only this can be done notice period can not be different for same catergory of employees / workmen.
25th December 2017 From India, Pune
Yes , you can do it ,but before that discuss with employees affected .After issuing letter mentioned that earlier terms & conditions are revised .Obtain Individual signature for acceptance of revised terms & conditions .
25th December 2017 From India, Mumbai
Strictly speaking it is change in service conditions. Form 9A to be displayed & on expiry of the due date you can implement in case you don't received any objections from the employees.
The other side of the coin is In case you are confident that there won't be any objection from the employees and you can complete the process smoothly then a smart way:
Being a HR handle it differently ie., a sugar coated tablet formula. If your annual increment is effective from April, wait till such time.
Any possibility think about some interesting designations, include all related changes, prepare the letter with the changed service conditions, designation, new CTC, complete the handing over the letters by obtaining acknowledgement through their department Heads, file the acknowledged copies in their personal files & implement.
25th December 2017 From India, Hyderabad
I presume that the changes in service conditions intended by the poster is only in respect of those employees above the cadre of workman. As rightly observed by Kamesh that the changes in certain service conditions enumerated in Schedule IV of the ID Act,1947 require prior notice of 21 days stipulated u/s 9-A of the Act except where such changes are effected in pursuance of any settlement or award. It, thus, implies that the right of the employer to alter the conditions of employment of his employees who are workmen is not taken away but restricted to the extent of issuance of a prior notice and only implement such changes after the expiry of the notice period of 21 days stipulated. Conversely, the employer can alter the service conditions of other employees as and when he desires to do so. However, as such an alteration amounts to change in the contract of employment, unilateral change without prior notice would be against the principles of the contract. Therefore, in such a case a prior notice shall be issued by the employer to all the employees likely to be affected by such changes. It is always better to have separate Service Regulations for employees above the cadre of workman and effect such changes by means of suitable amendments and a general clause to that effect may be included in the appointment orders.
25th December 2017 From India, Salem
The Seniors gave you the legal perspective of the issue. I want to discuss the ethical side of the matter.The changes you want to bring in do not confine to one item but more than that, probably altering the daily routine of the employees. They probably come to be known by different designations and work at different timings and probably required give notice of longer periods at the time of leaving.The changes are substantial, affecting a large section of your employees.
During the 8 years that went by, the employees decided to join your company since the terms of employment offered by you at that time were acceptable to them. After 8 years, in the middle of their careers, you come out with a different set of service conditions which if unfavorable and not acceptable, might compel the employees to leave the organisation but probably, you want to thwart that by stipulating a longer notice period.if the changes are not favorable to them the employees may view this as a sinister trick on the part of the management.Then two probable consequences might follow.1) the employees if they are in workmen cadre might raise an industrial dispute 2) if not, they may try to leave the organisation
So ethically speaking, it is advisable to maintain status quo with regard to old employees but implement the new set of service conditions for new appointees.
HR & Labour Relations Adviser
25th December 2017 From India, Mumbai
Dear colleague,
If the changes contemplated are for 'workman' category , then you are governed by the provisions of the I D Act relating to notice of change and if you have active union there is possibility of resistance and imminent industrial dispute. It is perhaps long drawn out process involving deft handling of unfolding of events of conflicts and resolution of the same.
If the change is for non-workman category and the same is not going to affect adversely, then it may be pushed through without much hassle.
Vinayak Nagarkar
26th December 2017 From India, Mumbai
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