SOM NATH
Hi HR Professional Team,

I am currently working in pharma company before one month i have joined the group also i got the appointment letter. in which terms that 1 month notice period. but some day ago HR Head given me a acknowledgement letter regarding notice period increasing one month to three month. Still i didn't sign that acknowledgement.
I want know that is legally possible for existing employees this addendum.

From India, Shimla
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Rkn61
Hr Manager
KK!HR
Management Consultancy

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rkn61
559

Clauses of employment contract letter can be altered, amended,or modified by
an Employer. But whatever be changes/modifications/amendments, same can not be
made effective retrospectively by Employer.

In your case, you were originally given letter with a separation clause of one months
notice period intimation. But later, you were given a letter with a separation clause of
three months notice period intimation.

This is possible by Employer. But please notice that the changes shall take effect from
the date of such notice/letter.

From India, Aizawl
umakanthan53
5884

No rule can be permanent but subject to change or modification with prior notice of change to all the concerned people. It is correct that amended or modified rules/terms pertaining to existing service conditions of employees cannot have retrospective effect but at the same time such change shall not result in two sets of rules applicable to the same class of employees.

Therfore, an employer can increase the length of notice period already fixed after due notice in this regard. Any separation taking place subsequent to the change has to abide by it.

From India, Salem
KK!HR
1317

Pl. check whether the appointment term contains a clause that you will be governed by the rules and regulations as are enforced from time to time. Many organisations have such a clause and then it suffices that such changes are notified, and then it becomes binding. In this case, the amendment of rules cannot be denied.
From India, Mumbai
saswatabanerjee
2289

There are 2 sides to this.

Legally, you can always say that you didn't sign, but it depends on the arguments presented. The employer can prove that notice was given to you and you did not reject it (no letter saying you don't agree), so you have agreed to it. You continued to work knowing the new rule, so you accepted it.

In reality, you have no leverage unless you go to court against your employer, the cost of which is probably higher than the amount of notice pay. The employer can afford to fight, can you?

From India, Mumbai

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.







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