Hi, When I was recruited my notice period was 1 month but now it's 2 months - we have received an email from HR that "please acknowledge acceptance and collect a new letter from HR" We have not accepted neither signed on any documents... So kindly help if our notice period remains 1 month or HR will force us to serve 2 month notice period? Urgent help required...What can be legal options?
From India, Delhi
So long you continue with the existing company, we would suggest you to get the letter from HR duly signed. When the company changes its policy on notice period, you do not have an option to question the rules of the company so long you are working with this company. The question of notice period only applicable in case you resign and join a new company. In such case, you negotiate with the prospective employer for joining after two month of notice period with your existing company.
From India, New Delhi
Dear friend,
Notice period, if any regarding unilateral termination as mentioned in the appointment orders automatically becomes one of the terms and conditions of the contract of employment. If it's to be modified later at the instance of either the employer or the employee, the consent/acceptance of the other is essential. In case of non-acceptance, the contract comes to an end.
It is the principle behind such a notice of change to all the employees and the request for its acceptance by the employer. Well, if it is not acceptable, the employee can quit his job following the initial notice clause and this is the legal position in such a situation of unilateral modification of the terms of the contract of employment by the employer.
Had you mentioned about your employment capacity i.e., whether a workman u/s 2(s) of the ID Act,1947 or otherwise, it would have been convenient for us to suggest appropriate remedy.
If the employees are in the cadre of workman and standing orders have been certified under the IE(Standing Orders) Act,1946, such a subsequent modification by the employer would be illegal.

From India, Salem
@kumaracme: Thank you for guidance. I know it's correct way to negotiate but I just want to know about my rights that can a organization change notice period by just sending an email & even if we have not acknowledge that email from 1 month to 2 month?
From India, Delhi
@Umakanthan: Sir I am working since last 3.5 year in this IT organisation and doing technical work. In previous employment letter it was mentioned 1 month issues 3.5 year back. Now planning to change to new organization & I know I will be restrained based on e-mail send by HR regarding change in notice period which was not acknowledged by me either Yes or No.
From India, Delhi
@Umakanthan: Also I want to highlight I have been managing team on paper from last 2 month.
From India, Delhi
Dear friend,
Whenever a salaried employee wants to switch job for the sake of his betterment, he should ensure that his transition is smooth and peaceful. If he engages himself in dispute with his present employer to assert his legal rights, it will create problems in his career for the simple reason that certain employer's prefer fighting with the opponent's weakness rather than strength.
Since admittedly you hold a job of supervisory nature, I wish to reiterate my earlier answer.

From India, Salem
nathrao
3091

Legally speaking when notice period is changed, both employer and employee need to be on same page.
But practically speaking employee is on a weaker wicket and cannot do much about it.If he/she disagrees with increased or decreased notice period,his only option is to have a discourse with employer and try to convince them not to do unilateral things.But if employer is admaant,employee may need to go to court.Going to court /labour officer is not a quick and easy route for justice.
In practical life,some changes may have to be accepted,even reluctantly or go about looking for another job and quit,saying you disagree with unilateral change in notice period.
Basically employee is caught between a hard rock and a hard place,where you are in a difficult situation where you have to choose between two equally unpleasant courses of action.

From India, Pune

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