Can My Boss Change Appointment Letters After 2-3 Years? Need Guidance on Process

Hi, my boss is now asking me to redo the appointment letters for all employees because he wants to change the terms and conditions, but some employees have already worked for 2-3 years. Can he revise after 2-3 years have passed? Also, what should be the title of the letter (Appointment Letter/Revised Appointment Letter)? Should the date for the revised Appointment Letter be the same as the previous Appointment Letter date or the date on that day? Please guide me on this. Thanks in advance.

Regards, Irene

Changing Service Conditions for Employees

You cannot reissue an appointment order already given to employees. However, if your concern is to change the service conditions, you can do so by sending a common office order to all concerned employees. If the new conditions of service are common to all, you can post it on the notice board. Obviously, any change that is going to improve the service compared to before should be made earlier, and you may find it difficult to make any change that is not favorable to the employees.

Notice Requirements for Non-Supervisory Employees

In respect of employees who do not have any supervisory and managerial powers (not simply by designation but by function), you must give such notice as per Section 9A of the Industrial Disputes Act at least 21 days before making such changes. Without this notice, you cannot change the conditions of service.

Change of service conditions under the ID Act

Change of service conditions in terms of reissuance of fresh appointment letters to all employees/workmen covered under the ID Act, in supersession of the existing one, calls for certain rituals being fulfilled under the ID Act 1947. Notice under Section 9A of the ID Act 1947 is to be issued, and eventually, such actions by the employer will lead to an industrial dispute, which will be taken up by the Conciliation Officer (Government Labor Department) either at the behest of the union or through a joint petition filed by the concerned employees.

The employer needs to justify the contemplated changes, probably in a new context. If the conciliation proceedings fail, the dispute will be referred by the conciliation officer/appropriate government authority for adjudication before a labor court/tribunal. Alternatively, if certified standing orders are available, the employer may seek to modify the standing orders by approaching the Certifying Officer appointed by the government. This process is equally tricky as the union will need to express their objections/reservations. The matter may get prolonged due to counter submissions and rejoinders. The Certifying Officer has the authority to overrule the objections of the union/employees and certify changes in favor of the employer if the proposed changes are in conformity with the model standing orders duly amended or prevalent practices in other industries that have been adopted in recent days.

Regards, P. Senthilkumar