KK!HRThis constitutes a change in the service conditions though it is not covered under the Schedule IV of the ID Act 1947. Yet it has to be formally notified and informed to all employees before effecting the change.
From India, Mumbai
umakanthan53Dear Ruchi Sharma,
Mutual notice of exit on unilateral termination of employment by way of either resignation by the employee or discharge by the employer other than dismissal of the employee on disciplinary ground forms part of the terms of the contract of employment irrespective of the employment cadre. I think that the proposed change is in respect of higher cadre employees only. Even then, it cannot be altered subsequently at the discretion of the employer without notice to the employees concerned.
Therefore, in so far as employees other than workman cadre, you may consider asking every such employee to acknowledge receipt of the e-mail sent to them in this regard.
From India, Salem
Thanks to the Colleagues who had given their valuable views on the subject.
A) For Employees who are not part of ID Act 1947:
Any appointment order contains terms which are mutually agreed between employer ( party A) and employee ( party B). Once reduced into writing and signed by both parties A & B that constitutes a Contract in written form. Hence there can not be arbitrary change of a key term later by one party alone and if it is done it becomes in valid in the eye of law. But it does not mean that it cannot be done. How it can be done:
Option 1: Give an addendum letter stating that " Reference to the appointment order given earlier, the clause on Notice period is amended to 45 days with effect from ...........( safely give a prospective date for all practical purposes). Due to this changes, either party is liable to give 45 days of prior notice (or notice pay in lieu of notice period) in case if employment needs to be terminated or the employee wants to leave the services. The management may not accept notice pay from employee and reservice right to demand an employee to serve entire 45 days of notice period in case of demand from business exigencies. In case of any clarification or grievance on this clause, the employee may approach the HR department or ...........................the designated officer and can get it clarified"
------Give hard copy of letter and take acknowledgement for files and records.
Option 2 : Mail this content by e-mail and take acknowledgement from all employees and keep it for records.
This will be a proper action and legally safe later.
(B) For workers who are part of ID Act 1947:
Kindly adhere to the Notice of Change Clause stipulated under ID Act 1947 and then proceed suitably
Doctor Siva Global HR
From India, Chennai
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