Anonymous
I have worked in a startup for the last 9 months and recently company policies are changing.
Newest changes are:
1. Notice period of all employees (existing and new) is now 2 months, changed from 1 month
2. Salary cycle has shifted from 1-30 to 20-21st of each and consecutive month.

In my offer letter, it is stated that my notice period is 1 month, but now HR is enforcing 2 month notice period. I have received a new job offer letter and am currently serving my 1 month notice. If I do not serve second month, I will be liable to pay 1 month salary, which I do not want to pay.

I have not signed any contract after my original agreement stating I agreed to work under those policies.

My employer will most likely withhold payment if I do not serve my second month. My questions are:
1. Is this change legally binding?
2. Am I liable to pay in lieu of serving the second month?
3. What action can I take to avoid serving the second month and to avoid paying?

From India, Kolkata
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Vmlakshminarayanan
Sr.manager - Hr&admin

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vmlakshminarayanan
384

Hi,

Your employer cannot hold your PF. But can prolong full and final settlement if relieving is not proper.

Not sure whether the amendment in notice period effect before your resignation or after your resignation. In general employer ( corporate sector without Unions) has the right to revise the rules and regulations and in your appointment order there should be clause towards this.

If possible try to complete the extended notice period and get relieved properly. I always suggest not to complicate with your employer unless otherwise the gravity is issue is very big.

From India, Madras
Madhu.T.K
3769

Notice period being a service condition cannot be changed without notice. In respect of employees who do not hold any supervisory role, it should be as per section 9A of the ID Act. Therefore, if you do not belong to a category of employees, called managerial by function (not simply designation) the act of employer or the HR Manager representing the employer is illegal and not binding on the existing employees. Even otherwise, in the absence of a Certified Standing Order, the notice period as applicable to an employee has no relevance because there is no provision either in Industrial Disputes Act that makes an employee to give notice if he wants to leave though it is mandatory for an employer to give notice if he wants to discharge or terminate an employee!

If you are not okay with the company, you may leave and don't respond to their demand for notice pay. However, the employer being the authority to issue a service certificate or relieving order and give a favourable feedback when a background verification comes, it is always good if you reach an amicable settlement. In that your personal skills will always benefit you and not our advices.

From India, Kannur

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