Legal Expertise Requested On Notice Period Extension

Respected seniors,

Kindly help me with your expertise on the Notice period extension issue:

Recently we have carried out an exercise to identify ‘Key Resources’ of the company. The Management after careful evaluation has decided to revise the notice period of Key resources from one month to three months keeping in view their criticality and business continuity if in case they leave.

However the Management also want to keep one more clause to it that “in the event of termination of employment by the staff the company may accept a shorter period of Notice period in its absolute discretion should the company be able to fill the position"

The issue is that their original notice period was 1 month. Is it legally fine to extend the notice period of a staff from one month to three months? Does the employer have the right to impose this decision which I sincerely doubt as the terms of employment are to be mutually agreed? Our Company is located in Noida. Does the UP shop establishment act refrains us from extending the NP?

Also that few of the staff has objected to this decision. Can you please guide how this can be implemented?

Kindly provide your inputs at the earliest.
__________________
Best Regards
Manu

Respected seniors,

Kindly help me with your expertise on the Notice period extension issue:

Recently we have carried out an exercise to identify ‘Key Resources’ of the company. The Management after careful evaluation has decided to revise the notice period of Key resources from one month to three months keeping in view their criticality and business continuity if in case they leave.

However the Management also want to keep one more clause to it that “in the event of termination of employment by the staff the company may accept a shorter period of Notice period in its absolute discretion should the company be able to fill the position"

The issue is that their original notice period was 1 month. Is it legally fine to extend the notice period of a staff from one month to three months? Does the employer have the right to impose this decision which I sincerely doubt as the terms of employment are to be mutually agreed? Our Company is located in Noida. Does the UP shop establishment act refrains us from extending the NP?

Also that few of the staff has objected to this decision. Can you please guide how this can be implemented?

Kindly provide your inputs at the earliest.

Dear Manu,
Please understand that no other compnay will wait for 3 months to join. If there is a vacany in your company and i come and pass interview and salary both and tell that it will take three months to join as i have to serve the notice period will you accept.
Why notice period are given, so that the company may quickly identify the vacancy and try to fill it and for the new joiners will be able to know his roles and responsibilities better from one who was previously hadling the same job. I think there is a court decision itself that 3 months are not valid. If some one challenges your decision, you will be losing in the moral ground. So please do not try to impose such rules, this will rather revoke the employee emotions and their willing to work will be diminished.
So, inspite of extending the notice period please concentrate why your employees are leaving and try to rectify and pacify your employees.
Regards,
SIDMAN

Dear Manu,
Extension of notice period as a subject matter of policy change can be introduced from employer with the condition of mutual agreement from both the parties subsequently you would be require to intimate the same in writing. Apart from that employer has the right to introduce any valid change in staff/Employee regulations, usually our service are governed by such terms, conditions, rules, regulations and policies as may be applicable to particular position or grade from time to time.
Thanks & Regard,
Sandeep Rai,(HRD)
RPG Group.

Dear ManuB
Whether the terms - 3 months notice period; applies to both parties - employee as well as the employer ??

Dear Raj,
Yes the three months notice period applies to the both parties here-i.e Employer and the employee.
However the Management also want to keep a clause to it that “in the event of termination of employment by the staff the company may accept a shorter period of Notice period in its absolute discretion should the company be able to fill the position"

Dear Forum members,
I thank you for your inputs. I totally agree with you that no employer or company would wait for a time period of three months for someone to get onboard however there few big companies who have 3 months of NP policy for their senior managers or key resources for e.g. IBM.
We are not encountering any exits or seperations and our Company has attrition rate of 2% for this year. The Management as a part of Business continuity plan wants to implement this change.
I will like to clarify that in case the staff doesnt accept this, there is no way for the employer to impose this decision on them.

Dear All,
Our company is also in the process to revise the notice period of the employee as per their designation. Kindly suggest on the following:
- Do we need to get any document signed from the employees mentioning the revised notice period.
- what measures an employer can take if employee refuses to accept the extension of notice period. (and employer doesn't want employee to quit the job)
Regards
Ruchi