Dear All,
Yesterday, I resigned. When I resigned, the company policy stated a 30-day notice period. Suddenly, in the evening, they sent an email stating that the notice period was changed from 30 days to 60 days, effective immediately. I am questioning whether this rule is applicable to me since I resigned in the morning before the policy change.
I am unable to serve the extended notice period due to my marriage. I am willing to pay for the notice period instead. Is there a mandatory rule that employees must serve the notice period in any organization?
Please advise on how to proceed.
Regards,
Bhaskar
From India, Hyderabad
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Yesterday, I resigned. When I resigned, the company policy stated a 30-day notice period. Suddenly, in the evening, they sent an email stating that the notice period was changed from 30 days to 60 days, effective immediately. I am questioning whether this rule is applicable to me since I resigned in the morning before the policy change.
I am unable to serve the extended notice period due to my marriage. I am willing to pay for the notice period instead. Is there a mandatory rule that employees must serve the notice period in any organization?
Please advise on how to proceed.
Regards,
Bhaskar
From India, Hyderabad
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Hi. If you have in written policies of "30days notice period" that is enough for you. You can show to company or to legal adviser.
From India, Delhi
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From India, Delhi
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Hi Bhaskar,
Thank you for your message. I have received the appointment letter which mentions 30 days. However, they have recently changed the policy and informed me via mail that it is effective from today onwards.
I believe this change does not apply to me, am I correct?
Regards, Mukul
From India, Hyderabad
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Thank you for your message. I have received the appointment letter which mentions 30 days. However, they have recently changed the policy and informed me via mail that it is effective from today onwards.
I believe this change does not apply to me, am I correct?
Regards, Mukul
From India, Hyderabad
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You are right, nobody can change the rules overnight, especially when you have not been previously informed about it and have not accepted it in writing anywhere. Maybe they have changed it for the rest of the staff members, so it's better to clarify.
From India, Chandigarh
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22From India, Chandigarh
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Hi, the company has the right to change any policy at any time. However, the notice period is part of the appointment order and is one of the mutually agreed terms and conditions. To revise this, authorization from the employee(s) side is also required.
A legal professional can assist you. However, if possible, speak to your management and settle the issue out of court.
From India, Bangalore
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A legal professional can assist you. However, if possible, speak to your management and settle the issue out of court.
From India, Bangalore
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Dear Bhaskar, Did they acknowledge your resignation over a mail or anything of that sort, before they sent the mail in regards to the new rule on notice period ?
From India, Bangalore
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From India, Bangalore
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Dear Bhaskar,
I could see the discussion taking a wild shape. See, the policies, when changed, are intended to apply to every employee in the organization; however, a marginal time exemption should be provided for those on the verge of the implementation of the new policy. There is no need to immediately run to court or a legal advisor. Assess the current position. Talk to your boss. Once we, on the forum, can understand your personal problems, it is likely that your boss or their superior will also understand. If not, you may have been working in the wrong place. Your decision to quit was the best. That's all. The maximum penalty for not serving the notice period is notice pay. Try to solve the problems amicably. Be kind even to those who were not good to you. Speak politely, explain your problems, and resign gracefully.
Take care.
From India, Madras
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I could see the discussion taking a wild shape. See, the policies, when changed, are intended to apply to every employee in the organization; however, a marginal time exemption should be provided for those on the verge of the implementation of the new policy. There is no need to immediately run to court or a legal advisor. Assess the current position. Talk to your boss. Once we, on the forum, can understand your personal problems, it is likely that your boss or their superior will also understand. If not, you may have been working in the wrong place. Your decision to quit was the best. That's all. The maximum penalty for not serving the notice period is notice pay. Try to solve the problems amicably. Be kind even to those who were not good to you. Speak politely, explain your problems, and resign gracefully.
Take care.
From India, Madras
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Hi,
As far as I know, an individual must abide by the policies and regulations mentioned in the offer letter or consequent appointment letter. If the letter states that you need to serve a one-month notice period, then that is sufficient (you can discuss this with your HR department and show them the respective letters).
Just check if your organization has anywhere mentioned a clause stating, "Management has the right to change the rules without any prior notification." If such a clause exists, you need to abide by what your organization says.
Best of luck.
From India, Mumbai
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As far as I know, an individual must abide by the policies and regulations mentioned in the offer letter or consequent appointment letter. If the letter states that you need to serve a one-month notice period, then that is sufficient (you can discuss this with your HR department and show them the respective letters).
Just check if your organization has anywhere mentioned a clause stating, "Management has the right to change the rules without any prior notification." If such a clause exists, you need to abide by what your organization says.
Best of luck.
From India, Mumbai
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Hello Bhaskar, Pl respond to Mahesh’s query. It’s a loaded one & I think your reply could decide the options you practically have. Rgds, TS
From India, Hyderabad
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From India, Hyderabad
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Dear Baskar,
If in your appointment letter the notice period is mentioned as 30 days and as a company-wide policy, the notice period is changed to 60 days, it does not mean that your employer has to communicate to each and every employee and get his concurrence. It is just an amendment to an existing policy. Imagine if the establishment employs 5000 people, then it will be practically impossible to give a letter in writing and obtain concurrence for every amendment.
As pointed out by Mr. Mahesh, you have only resigned from the job, but has the resignation been accepted? Only if it is accepted is it deemed that you will be relieved from services, but as per stipulations laid down in the acceptance letter. If there is no mention about the relieving, then the clause in the appointment letter or the amendments thereafter will be applicable.
Please note that a notice period is the breathing time given to our HR department to locate a successor and also for the respective department to reallocate the responsibilities of the outgoing candidate.
Strictly going by the rulebook, even leave availed during the notice period will have to be served by the employee.
The other aspect is though you have submitted your resignation in the morning, technically you are in service till the close of working hours of the establishment, and any amendment during the day automatically becomes applicable to you.
I would recommend that you need to discuss with your boss instead of fighting it out. While it is appreciated that you are willing to pay the notice pay, it is better that you gear up and pay up for 60 days instead of 30 days voluntarily to diffuse the tension.
ALL THE VERY BEST!!!
M.V. KANNAN
From India, Madras
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If in your appointment letter the notice period is mentioned as 30 days and as a company-wide policy, the notice period is changed to 60 days, it does not mean that your employer has to communicate to each and every employee and get his concurrence. It is just an amendment to an existing policy. Imagine if the establishment employs 5000 people, then it will be practically impossible to give a letter in writing and obtain concurrence for every amendment.
As pointed out by Mr. Mahesh, you have only resigned from the job, but has the resignation been accepted? Only if it is accepted is it deemed that you will be relieved from services, but as per stipulations laid down in the acceptance letter. If there is no mention about the relieving, then the clause in the appointment letter or the amendments thereafter will be applicable.
Please note that a notice period is the breathing time given to our HR department to locate a successor and also for the respective department to reallocate the responsibilities of the outgoing candidate.
Strictly going by the rulebook, even leave availed during the notice period will have to be served by the employee.
The other aspect is though you have submitted your resignation in the morning, technically you are in service till the close of working hours of the establishment, and any amendment during the day automatically becomes applicable to you.
I would recommend that you need to discuss with your boss instead of fighting it out. While it is appreciated that you are willing to pay the notice pay, it is better that you gear up and pay up for 60 days instead of 30 days voluntarily to diffuse the tension.
ALL THE VERY BEST!!!
M.V. KANNAN
From India, Madras
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Kannan: A new policy has to be communicated to the employees. Should the consent be taken of the employee on the policy, particularly the one that impacts a contractual agreement like an appointment letter? That's an open question and someone needs to point out exact applicable piece of law (I don't know of any, to be honest).
Acceptance of the resignation: What if the organization does not accept the resignation? Is it legally binding on the individual that one can separate from the organization ONLY if the organization allows to?
From India, Bangalore
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Acceptance of the resignation: What if the organization does not accept the resignation? Is it legally binding on the individual that one can separate from the organization ONLY if the organization allows to?
From India, Bangalore
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As stated by Mr. Mahesh, acknowledgment is key because that only assures that the resignation has been accepted, and the notice period has started now.
More importantly, it is essential to keep your cool because this kind of situation should be used to learn from the experience. Therefore, go and talk to your boss in detail. If you are not satisfied, escalate the matter to HR and engage in a constructive discussion so that you do not repeat the same mistake, if any, that you have made here, in the future.
All the best,
Nikesh
From India, New Delhi
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More importantly, it is essential to keep your cool because this kind of situation should be used to learn from the experience. Therefore, go and talk to your boss in detail. If you are not satisfied, escalate the matter to HR and engage in a constructive discussion so that you do not repeat the same mistake, if any, that you have made here, in the future.
All the best,
Nikesh
From India, New Delhi
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Dear,
If in your appointment letter the notice period is mentioned as 30 days, this is sufficient. If your employer tries to dismiss you unfairly, you may take legal action if necessary.
Thank you,
Mohammad Ahsan Halim
Manager HR, Admin & Compliance
Email: halimhrm@gmail.com
From Bangladesh, Dhaka
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If in your appointment letter the notice period is mentioned as 30 days, this is sufficient. If your employer tries to dismiss you unfairly, you may take legal action if necessary.
Thank you,
Mohammad Ahsan Halim
Manager HR, Admin & Compliance
Email: halimhrm@gmail.com
From Bangladesh, Dhaka
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Bhaskar, kindly refer to your Appointment letter, what does it state one month ? If yes, then u need to serve that much notice period only. If co. has changed the no. of days of notice period did you signed any letter to that effect, if not then you are not covered. In your resignation clearly mention the clause of appointment letter with reference to this and that… Incase organisation doesn’t agree to it, make them clear that you would sort legal help and would sue them for non commitment to the contract.
From United Kingdom
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From United Kingdom
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You will not have to serve the additional notice period. The reason is you have resigned on the day much before the new policy came into force, and nobody can stop you from leaving. Also, check whether the mail is sent to you only or all the employees. Also, talk to your senior regarding this. Make sure you resign without breaking relations with your boss.
Rohit Mane
From India, Mumbai
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Rohit Mane
From India, Mumbai
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Dear Mr. Kannan,
I fully agree with your comments. However, the company is framing policies for leave, resignation, and relieving, but no company is giving assurance for increments or salary hikes in the A.O. Does this not show that we are still lacking bilateral coordination between employees and employers? When an employee resigns, either they have to pay or serve a notice period, but there is no clause to assure them of a minimum salary hike as per inflation. Why is that part not included in the A.O. given to the employee? All these rules suggest that the employer is on the safer side without any commitments.
These are my personal views, and I hope other members agree with me.
Regards,
SIDMAN
From India, Madras
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I fully agree with your comments. However, the company is framing policies for leave, resignation, and relieving, but no company is giving assurance for increments or salary hikes in the A.O. Does this not show that we are still lacking bilateral coordination between employees and employers? When an employee resigns, either they have to pay or serve a notice period, but there is no clause to assure them of a minimum salary hike as per inflation. Why is that part not included in the A.O. given to the employee? All these rules suggest that the employer is on the safer side without any commitments.
These are my personal views, and I hope other members agree with me.
Regards,
SIDMAN
From India, Madras
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Hi Bhaskar,
Greetings for the day!
I would like to take a cue from the post made by Pri_Sal. I subscribe to the view posted by him/her. I would just like to add that you should consider this as sheer bad luck and accept the amendment in the exit policy. It's always advisable to arrange a smooth exit from the current organization and not burn the bridges behind. To ensure the same, you can have a face-to-face discussion with your current boss and also your HR, and offer to pay for the notice period. I am sure if they are convinced about the genuineness of the reason for you to quit, they will arrange a way out for you.
I have seen in many organizations, even big conglomerates, the release date is in the hands of the immediate supervisor/boss. If you can wrap up your unfinished assignments and train your replacement (knowledge transfer) within a stipulated time, I believe your boss/supervisor will have no problem in releasing you from your duties.
All the best. I hope this makes sense to you.
From India, Pune
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Greetings for the day!
I would like to take a cue from the post made by Pri_Sal. I subscribe to the view posted by him/her. I would just like to add that you should consider this as sheer bad luck and accept the amendment in the exit policy. It's always advisable to arrange a smooth exit from the current organization and not burn the bridges behind. To ensure the same, you can have a face-to-face discussion with your current boss and also your HR, and offer to pay for the notice period. I am sure if they are convinced about the genuineness of the reason for you to quit, they will arrange a way out for you.
I have seen in many organizations, even big conglomerates, the release date is in the hands of the immediate supervisor/boss. If you can wrap up your unfinished assignments and train your replacement (knowledge transfer) within a stipulated time, I believe your boss/supervisor will have no problem in releasing you from your duties.
All the best. I hope this makes sense to you.
From India, Pune
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It seems for the HR & Company, there are no rules to be followed, and they can do anything to harass an employee who is leaving until the end. However, if necessary, the law can provide a clear understanding. But, again, being in India, the law is also incredible!
From India, Mumbai
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From India, Mumbai
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[COLOR="Red"]Here I have no intention to contradict you, but there are some labor laws implemented by the government to regulate the service conditions and ensure the smooth functioning of industries/business establishments, so there should not be any conflict between the employee and employer. Before making company policies and changes in policies, the company policy-makers should adhere to those provisions applicable to them. Otherwise, there may arise a conflict of interest between both sides and labor unrest. I concur on the point that if someone wants to leave an organization, then the exit should be hassle-free, harmonious, and that can only be achieved through negotiations.[/COLOR]
From India, Delhi
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From India, Delhi
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Mr. Bhaskar,
One has to serve the notice period upon his resignation or pay one month's salary. The clause should be incorporated in the appointment order or standing orders, if applicable to the incumbent. In your case, the change in the notice period is not applicable to you, provided such change occurs after your resignation date/time. Hence, if you wish to avoid serving the notice period, you can pay one month's notice pay and bid farewell.
Regards
From India, Hyderabad
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One has to serve the notice period upon his resignation or pay one month's salary. The clause should be incorporated in the appointment order or standing orders, if applicable to the incumbent. In your case, the change in the notice period is not applicable to you, provided such change occurs after your resignation date/time. Hence, if you wish to avoid serving the notice period, you can pay one month's notice pay and bid farewell.
Regards
From India, Hyderabad
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Normally, the employment contract will have a termination clause, pursuant to which termination can be effected by the employer with a notice or the salary equivalent for the notice period (usually basic + DA) for the notice period. On the grounds of equity, this provision will also be available to employees signing on the other side of the contract. The terms signed and accepted are only binding on the parties to the contract, and any changes will have to be put in writing and signed by both parties to be effective.
I hope this addresses the question raised.
JR Kumar Faculty Director FAPCCI, HYD.
From India, Hyderabad
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I hope this addresses the question raised.
JR Kumar Faculty Director FAPCCI, HYD.
From India, Hyderabad
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Dear Bhaskar,
I agree with the viewpoints of Mr. M.V. Kannan.
To add further, an organization will have justification for increasing the notice period purely on account of its business interest, as there will always be knowledge loss once a person is moved out. Though the vacuum cannot be filled immediately with a new person, some knowledge can be transferred within such a notice period. With this view in mind, certain organizations have extended their notice period to as much as 90 days. However, allowing the individual to serve the full notice period entirely rests with the position and responsibility the individual has been holding, coupled with the sincerity of that person towards the organization. In contradiction to this, there is a belief (not in all cases) that once a person has resigned, the 'loyalty'/'sincerity' towards the organization and the output diminish, and the individual starts displaying negativity towards the organization among colleagues. Therefore, the majority of corporates, in the current scenario, believe in relieving the resigned employee immediately by waiving off the notice period if they feel that there wouldn't be much value addition by holding such an outgoing person.
Further, certain organizations (owner-dominated) have the tendency to hold people for one reason or another only to harass the outgoing person.
All the above scenarios are pro-organization, and as such, I would also suggest you speak to your HR and request a waiver on account of your marriage, which, I am sure, will be acceded to. However, as suggested by Mr. Kannan, you may pay the notice if you have ample money. (Anyway, you are going to spend money on your marriage!)
All the best,
From India, Jaipur
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I agree with the viewpoints of Mr. M.V. Kannan.
To add further, an organization will have justification for increasing the notice period purely on account of its business interest, as there will always be knowledge loss once a person is moved out. Though the vacuum cannot be filled immediately with a new person, some knowledge can be transferred within such a notice period. With this view in mind, certain organizations have extended their notice period to as much as 90 days. However, allowing the individual to serve the full notice period entirely rests with the position and responsibility the individual has been holding, coupled with the sincerity of that person towards the organization. In contradiction to this, there is a belief (not in all cases) that once a person has resigned, the 'loyalty'/'sincerity' towards the organization and the output diminish, and the individual starts displaying negativity towards the organization among colleagues. Therefore, the majority of corporates, in the current scenario, believe in relieving the resigned employee immediately by waiving off the notice period if they feel that there wouldn't be much value addition by holding such an outgoing person.
Further, certain organizations (owner-dominated) have the tendency to hold people for one reason or another only to harass the outgoing person.
All the above scenarios are pro-organization, and as such, I would also suggest you speak to your HR and request a waiver on account of your marriage, which, I am sure, will be acceded to. However, as suggested by Mr. Kannan, you may pay the notice if you have ample money. (Anyway, you are going to spend money on your marriage!)
All the best,
From India, Jaipur
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Dear Baskar,
I think whatever is in your letter of contract/appointment remains valid. However, regarding the change in policy, I believe it's important that you seek clarification from your boss in order to avoid unnecessary conflicts. What is important here is an amicable understanding of the issue. It is applicable that when a policy is changed, it takes effect immediately. Still, I hope it wasn't changed in order to trap you.
Regards,
AAA
From Kenya
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I think whatever is in your letter of contract/appointment remains valid. However, regarding the change in policy, I believe it's important that you seek clarification from your boss in order to avoid unnecessary conflicts. What is important here is an amicable understanding of the issue. It is applicable that when a policy is changed, it takes effect immediately. Still, I hope it wasn't changed in order to trap you.
Regards,
AAA
From Kenya
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Hi All,
Actually, I joined as an HR in Software Solution. I would like to improve our organization's development. So, I selected the best website for guidance, which is the CITEHR team. :)
I hope it will be useful to me in the future. First of all, I want to know the terms and conditions in the basic sense of the HR designation, and I also need some letter formats for our employees.
I'm awaiting your valuable reply. :)
From India, Madras
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Actually, I joined as an HR in Software Solution. I would like to improve our organization's development. So, I selected the best website for guidance, which is the CITEHR team. :)
I hope it will be useful to me in the future. First of all, I want to know the terms and conditions in the basic sense of the HR designation, and I also need some letter formats for our employees.
I'm awaiting your valuable reply. :)
From India, Madras
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Well said, Kannan!
The notice period is a time to find the right candidate and train him or her. Moreover, the resignation and other issues should be discussed across the table for the betterment of both parties. I do not think the HRs are so harsh and blind on policies. I believe most of us search for the truth in the issue and then decide. I faced the same situation, and the HR team was excellent in resolving the issue. I did agree to extend my notice period for two weeks amicably.
Bhaskar
Speak to the people concerned.
From India, Madras
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The notice period is a time to find the right candidate and train him or her. Moreover, the resignation and other issues should be discussed across the table for the betterment of both parties. I do not think the HRs are so harsh and blind on policies. I believe most of us search for the truth in the issue and then decide. I faced the same situation, and the HR team was excellent in resolving the issue. I did agree to extend my notice period for two weeks amicably.
Bhaskar
Speak to the people concerned.
From India, Madras
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Dear Bhaskar, Check your notice period mentioned in your appointment letter. whatever is mention there, you have to serve that. Bandita Speak to the people concern
From India, Mumbai
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From India, Mumbai
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Hi Bhaskar,
The company can change the policy at any time. However, the notice period is a part of the appointment order and should be agreed upon by both parties. In your case, you have submitted your resignation letter before the declaration of the new policy, so I believe it will not be applicable to you. Anyway, you can check with your boss as they may be thinking something else.
Regards,
Navin
From Qatar
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The company can change the policy at any time. However, the notice period is a part of the appointment order and should be agreed upon by both parties. In your case, you have submitted your resignation letter before the declaration of the new policy, so I believe it will not be applicable to you. Anyway, you can check with your boss as they may be thinking something else.
Regards,
Navin
From Qatar
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Dear essykkr,
I agree with your "analytical" reply and the fact that you have raised several pertinent questions. Although several labor acts do not apply to executives/managers, it stands to reason that if a "universal" policy such as the notice period is being changed, then it must be the same for the whole set of employees.
Consequently, there is a need for a "Notice of Change" or the circulation of such a policy among the employees. An organization cannot do so overnight, especially when someone has given a notice of resignation. The only valid conclusion that can be drawn is that the company has acted upon the receipt of the resignation, and the enhancement of the notice period is an "afterthought" done without any bona fide intentions. A company can fool its employees for some time, but it cannot fool the world. It only shows the true nature and policy of the company.
Warm regards.
From India, Delhi
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I agree with your "analytical" reply and the fact that you have raised several pertinent questions. Although several labor acts do not apply to executives/managers, it stands to reason that if a "universal" policy such as the notice period is being changed, then it must be the same for the whole set of employees.
Consequently, there is a need for a "Notice of Change" or the circulation of such a policy among the employees. An organization cannot do so overnight, especially when someone has given a notice of resignation. The only valid conclusion that can be drawn is that the company has acted upon the receipt of the resignation, and the enhancement of the notice period is an "afterthought" done without any bona fide intentions. A company can fool its employees for some time, but it cannot fool the world. It only shows the true nature and policy of the company.
Warm regards.
From India, Delhi
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Dear Bhaskar,
Wedding is one of the most important and precious phases of life. Preferably, one should not change jobs at this point in time. But I am sure you might have planned something.
Yeah, it's true that the 60-day clause is applicable to you as well. As mentioned by respected M.V. Kannan, obtaining consent from every employee in the office is not feasible. In 99% of offer letters, the clause "Management has the right to change the rules without any prior notification" is always included. Therefore, fighting back may not be effective. Additionally, as someone mentioned earlier, a grace period is typically provided for every plan. It is advisable that you discuss this issue with your boss. Since it concerns your wedding, which is a very genuine reason, I am confident that your boss and the HR team will find a solution for you.
There is always a way to express your thoughts. Choose the right one, as settling out of court may be the best option for you. Alternatively, you could serve a 30-day notice and then compensate for the remaining 30 days. However, considering the principle of a grace period, you may first attempt to persuade, negotiate, and only if necessary, agree to pay for the remaining 30 days. Paying back to the company may not be the most logical solution in this case.
I wish you luck in resolving this issue and hope you have a happy married life.
Regards,
Rahul Salvi
From India, Mumbai
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Wedding is one of the most important and precious phases of life. Preferably, one should not change jobs at this point in time. But I am sure you might have planned something.
Yeah, it's true that the 60-day clause is applicable to you as well. As mentioned by respected M.V. Kannan, obtaining consent from every employee in the office is not feasible. In 99% of offer letters, the clause "Management has the right to change the rules without any prior notification" is always included. Therefore, fighting back may not be effective. Additionally, as someone mentioned earlier, a grace period is typically provided for every plan. It is advisable that you discuss this issue with your boss. Since it concerns your wedding, which is a very genuine reason, I am confident that your boss and the HR team will find a solution for you.
There is always a way to express your thoughts. Choose the right one, as settling out of court may be the best option for you. Alternatively, you could serve a 30-day notice and then compensate for the remaining 30 days. However, considering the principle of a grace period, you may first attempt to persuade, negotiate, and only if necessary, agree to pay for the remaining 30 days. Paying back to the company may not be the most logical solution in this case.
I wish you luck in resolving this issue and hope you have a happy married life.
Regards,
Rahul Salvi
From India, Mumbai
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Dear All,
Please note that views are not expressed just considering the law of the land but also considering the career prospects of members.
While we assess candidates, we observe that some candidates are unable to produce a relieving letter from some of their former employers. This signals that they have quit without a proper notice period.
You will appreciate that no employer will keep an unwilling employee. In fact, you will observe that the HR department responds to resignations in a varied manner:
1. The company accepts the resignation immediately and relieves the employee from employment.
2. The company is willing to adjust the employee's leave balances for the notice period.
3. The company insists that the employee serves the full notice period.
4. The company is unwilling to relieve the employee and requests them to reconsider their decision.
Consider all situations cited above:
Situation 1: The company was waiting for the employee to resign; perhaps the employee was not performing well.
Situation 2: The company has an employee ready to take up the role, and the resigning employee only needs to provide a briefing of their tasks.
Situation 3: The company is yet to find a replacement employee.
Situation 4: The company is impressed with the resigning employee's performance and is willing to offer them a good career opportunity.
I also wish to add that you may come across professional organizations conducting background checks with past employers either personally or telephonically. If the relationship with the employer is estranged, the employee might lose a prospective employment opportunity.
In my humble opinion, "LAW MAKERS SHOULD NOT BE LAW BREAKERS."
I trust that members will see the logic in my statement.
M.V. KANNAN
From India, Madras
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Please note that views are not expressed just considering the law of the land but also considering the career prospects of members.
While we assess candidates, we observe that some candidates are unable to produce a relieving letter from some of their former employers. This signals that they have quit without a proper notice period.
You will appreciate that no employer will keep an unwilling employee. In fact, you will observe that the HR department responds to resignations in a varied manner:
1. The company accepts the resignation immediately and relieves the employee from employment.
2. The company is willing to adjust the employee's leave balances for the notice period.
3. The company insists that the employee serves the full notice period.
4. The company is unwilling to relieve the employee and requests them to reconsider their decision.
Consider all situations cited above:
Situation 1: The company was waiting for the employee to resign; perhaps the employee was not performing well.
Situation 2: The company has an employee ready to take up the role, and the resigning employee only needs to provide a briefing of their tasks.
Situation 3: The company is yet to find a replacement employee.
Situation 4: The company is impressed with the resigning employee's performance and is willing to offer them a good career opportunity.
I also wish to add that you may come across professional organizations conducting background checks with past employers either personally or telephonically. If the relationship with the employer is estranged, the employee might lose a prospective employment opportunity.
In my humble opinion, "LAW MAKERS SHOULD NOT BE LAW BREAKERS."
I trust that members will see the logic in my statement.
M.V. KANNAN
From India, Madras
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Hi Baskar,
I have been closely observing the discussions on the topic. I am in agreement with Mr. Kannan. Please discuss the issue with concerned stakeholders; there is still a ray of hope for you. Please share the outcome.
Best regards,
coolbee
From India, New Delhi
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I have been closely observing the discussions on the topic. I am in agreement with Mr. Kannan. Please discuss the issue with concerned stakeholders; there is still a ray of hope for you. Please share the outcome.
Best regards,
coolbee
From India, New Delhi
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Dear,
Post submission of your resignation letter, changing the notice period is arbitrary and meant for short-circuiting your resignation. Serve for 30 days or buy out the notice period. Based on the facts exposed by you, the law is on your side.
With Regards,
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail: rajanassociates@eth.net
9025792684-9025792634
From India, Bangalore
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Post submission of your resignation letter, changing the notice period is arbitrary and meant for short-circuiting your resignation. Serve for 30 days or buy out the notice period. Based on the facts exposed by you, the law is on your side.
With Regards,
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail: rajanassociates@eth.net
9025792684-9025792634
From India, Bangalore
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Dear Mukul, Any appointment clause, unless signed by you as agreed, is null & void as per Comapny Law. You go ahead & no need to worry. Have a happy marriage. regards, nik..
From India, Indore
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From India, Indore
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Dear Bhasker,
This is to inform you that the company has the right to change or alter any of the policies at any time. However, as per your accepted appointment letter, which is duly signed by the HR Director, it mentions a 30-day notice period. This means that nobody can ask you to work beyond the notice period. I recommend consulting with your new employer about this issue. They will provide you with alternatives such as a resignation acceptance letter, etc. Please avoid engaging in legal proceedings as it will adversely affect your career.
Regards,
Abhishek
Executive - HR
From India, Mumbai
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This is to inform you that the company has the right to change or alter any of the policies at any time. However, as per your accepted appointment letter, which is duly signed by the HR Director, it mentions a 30-day notice period. This means that nobody can ask you to work beyond the notice period. I recommend consulting with your new employer about this issue. They will provide you with alternatives such as a resignation acceptance letter, etc. Please avoid engaging in legal proceedings as it will adversely affect your career.
Regards,
Abhishek
Executive - HR
From India, Mumbai
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Hi Capable, Well said!. Appreciate the way you have suggested to handle the issue. All the members should learn from Capable for positive approach. Keep it up!. Shiva
From India, Madras
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From India, Madras
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Dear Bhasker, There is no need to worry if you resign before the Policy changed and communicated to you... Krunal.
From India, Vadodara
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From India, Vadodara
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Nothing doing. No need to work for 60 days or pay for 60 days. Or even 30 days. Collect your pay. Then say, "I want to leave," and hand over your work responsibly. I am an employer and I had no objection, so why force someone.
Manoj Shah
From India, Mumbai
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Manoj Shah
From India, Mumbai
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As per the Industrial Employment Standing Orders Act, there should be a way to solve such cases, and according to the standing order, only such cases are to be dealt with.
However, according to Section 9-A of the Industrial Disputes Act, 1947, the company cannot change the notice period to 60 days without due permission from labor authorities and without consultation with the trade union. If they change the notice period to 60 days from 30 days for whatever reason, the same is illegal and null and void.
For further details, if required, please email [murugesangowda@rediffmail.com](mailto:murugesangowda@rediffmail.com).
From India, Dindigul
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However, according to Section 9-A of the Industrial Disputes Act, 1947, the company cannot change the notice period to 60 days without due permission from labor authorities and without consultation with the trade union. If they change the notice period to 60 days from 30 days for whatever reason, the same is illegal and null and void.
For further details, if required, please email [murugesangowda@rediffmail.com](mailto:murugesangowda@rediffmail.com).
From India, Dindigul
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Dear Bhaskar,
Your employment is initiated and caused by an appointment order, which is signed by both parties. This agreement is a binding document. If there are any changes in the terms and conditions of the appointment, they should be agreed upon and signed by both parties.
Since you have issued a notice of resignation prior to the proposed change by the other party and have not yet accepted or signed on the dotted line, the new rule of a 60-day notice period is not binding on you.
You may simply attach a copy of your appointment letter, highlighting the notice period of 30 days, and I am confident that sound judgment will prevail with the relevant individuals in your company. If not, seeking legal advice is always an option.
Regards,
Nataraj
From India, Delhi
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Your employment is initiated and caused by an appointment order, which is signed by both parties. This agreement is a binding document. If there are any changes in the terms and conditions of the appointment, they should be agreed upon and signed by both parties.
Since you have issued a notice of resignation prior to the proposed change by the other party and have not yet accepted or signed on the dotted line, the new rule of a 60-day notice period is not binding on you.
You may simply attach a copy of your appointment letter, highlighting the notice period of 30 days, and I am confident that sound judgment will prevail with the relevant individuals in your company. If not, seeking legal advice is always an option.
Regards,
Nataraj
From India, Delhi
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Dear Bhaskar,
If the policy was announced later than when you had submitted your resignation, the policy in force at the time of resignation shall be applicable. Hence, it is very clear from a legal standpoint. The acceptance of the resignation is the management's prerogative; they may or may not accept it, but in this case, a notice period of only 30 days shall be required.
All the best,
M. S. Rawat
From India, New Delhi
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If the policy was announced later than when you had submitted your resignation, the policy in force at the time of resignation shall be applicable. Hence, it is very clear from a legal standpoint. The acceptance of the resignation is the management's prerogative; they may or may not accept it, but in this case, a notice period of only 30 days shall be required.
All the best,
M. S. Rawat
From India, New Delhi
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Dear Bhaskar,
As mentioned by Mr. Mukul, the terms and conditions applicable to the employee and employer will be as per the letter exchanged and signed by both parties. Since you have stated in your letter of appointment that the notice period is 30 days, this is applicable to you. Any subsequent changes will not apply to you as the announcement is an afterthought.
However, please maintain a good relationship even when leaving.
Best regards,
Ravindra Chaubal
From India, Nasik
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As mentioned by Mr. Mukul, the terms and conditions applicable to the employee and employer will be as per the letter exchanged and signed by both parties. Since you have stated in your letter of appointment that the notice period is 30 days, this is applicable to you. Any subsequent changes will not apply to you as the announcement is an afterthought.
However, please maintain a good relationship even when leaving.
Best regards,
Ravindra Chaubal
From India, Nasik
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Hi,
Congratulations on getting married! Best wishes to you both for a very long and happy married life :)
First, I would like to say that your company doesn't have any personal grudges against you that would lead to a sudden change in their resignation policy. Perhaps many employees are resigning from your company, and to control the turnover, they had to make this decision and take immediate action.
However, I do feel that implementing any policy on short notice is a little unethical and may not benefit the employees in such cases. As many others have also suggested, you should speak to your boss because he/she can actually assist you based on your personal problems/requirements. Furthermore, since you are willing to pay for your notice period, I don't think they should have any problem adjusting. I hope you are not in the middle of any critical project; if you are, you should try to complete it before leaving the company as it is your responsibility.
All the best!
Regards,
From India, Hyderabad
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Congratulations on getting married! Best wishes to you both for a very long and happy married life :)
First, I would like to say that your company doesn't have any personal grudges against you that would lead to a sudden change in their resignation policy. Perhaps many employees are resigning from your company, and to control the turnover, they had to make this decision and take immediate action.
However, I do feel that implementing any policy on short notice is a little unethical and may not benefit the employees in such cases. As many others have also suggested, you should speak to your boss because he/she can actually assist you based on your personal problems/requirements. Furthermore, since you are willing to pay for your notice period, I don't think they should have any problem adjusting. I hope you are not in the middle of any critical project; if you are, you should try to complete it before leaving the company as it is your responsibility.
All the best!
Regards,
From India, Hyderabad
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Dear Bhaskar, I think you have to acknowledge on to the comments given by our fellow members.
From India, Bangalore
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From India, Bangalore
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I am of the opinion that it would be better to pay the amount due as per the new policy if you want to get relieved within 30 days instead of entering into conflict with the management.
From India, Hyderabad
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From India, Hyderabad
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Bhaskar Where are you? Hope you served at least for one month notice period or paid for it:)
From India, Bangalore
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From India, Bangalore
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Hi, presuming that the amendment came before your resignation was accepted, it is binding on you. However, the timings of both the actions, i.e., your resignation and the amendment, would tilt the legal battle in your favor.
This being the legal position, I would still suggest you go by what "Capable" and Kannan have suggested. Considering the facts, it's better to talk and settle. If no settlement is feasible, just pay and move out.
Naresh Arora
From India, New Delhi
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This being the legal position, I would still suggest you go by what "Capable" and Kannan have suggested. Considering the facts, it's better to talk and settle. If no settlement is feasible, just pay and move out.
Naresh Arora
From India, New Delhi
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Dear Mr. Basker,
Please follow Capable's and Mr. Kannan's advice. It is quite sensible and reasonable. If you follow this, it will be good for your career growth wherever you are.
Regards,
Ranganathan
From India, Madras
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Please follow Capable's and Mr. Kannan's advice. It is quite sensible and reasonable. If you follow this, it will be good for your career growth wherever you are.
Regards,
Ranganathan
From India, Madras
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Hi,
This is K.C. Seshadri. I would like to know whether it is necessary to serve the notice period because I have completed my one-year probation period at the end of July 2010. Until now, I have not received any written communication from the management confirming or extending my probation period.
Now, I am considering resigning. In this case, a one-month notice period should apply as I completed my probation three months ago.
When I asked the management, they orally informed me that due to taking 7 days of LOP Leave and 12 days of CL, my probation period is extended until December 2010. The management's policy on this matter is not openly disclosed to all employees.
This is very urgent. Can anybody legally guide me on how to proceed with my resignation?
Kindly send suggestions to my email id kcseshadri@gmail.com.
Please, urgent assistance is needed.
Thanks and Regards,
K.C. Seshadri
From India, Madras
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This is K.C. Seshadri. I would like to know whether it is necessary to serve the notice period because I have completed my one-year probation period at the end of July 2010. Until now, I have not received any written communication from the management confirming or extending my probation period.
Now, I am considering resigning. In this case, a one-month notice period should apply as I completed my probation three months ago.
When I asked the management, they orally informed me that due to taking 7 days of LOP Leave and 12 days of CL, my probation period is extended until December 2010. The management's policy on this matter is not openly disclosed to all employees.
This is very urgent. Can anybody legally guide me on how to proceed with my resignation?
Kindly send suggestions to my email id kcseshadri@gmail.com.
Please, urgent assistance is needed.
Thanks and Regards,
K.C. Seshadri
From India, Madras
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Dear HRs,
I am Seshadri KC, once again requesting you to kindly guide me in my case of resignation, which thread I have posted herein on citehr. Please let me know the legal provisions: whether I have to serve the notice period as my probation period is already over, and I am yet to receive any response from the management regarding my confirmation or extension of probation. Can I quit without serving notice? Please guide me.
Thanks and I remain,
K.C. Seshadri
email: kcseshadri@gmail.com
From India, Madras
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I am Seshadri KC, once again requesting you to kindly guide me in my case of resignation, which thread I have posted herein on citehr. Please let me know the legal provisions: whether I have to serve the notice period as my probation period is already over, and I am yet to receive any response from the management regarding my confirmation or extension of probation. Can I quit without serving notice? Please guide me.
Thanks and I remain,
K.C. Seshadri
email: kcseshadri@gmail.com
From India, Madras
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Dear Mr. K.C. Seshadri,
You have not made any mention about your offer of appointment. Does it state any notice period? Are you aware of any standing orders applicable in your industry?
The statement regarding leave availed by you:
The legal position is that the company has already deducted wages for the days you were on leave without pay (LOP) and casual leave (CL) as per your eligibility. These cannot be considered when determining the notice period.
In short, if your offer of appointment requires you to give a 30-day notice or 30 days' wages in lieu of notice, you will be legally bound to do so. Apart from this, you are neither required to serve for the LOP days nor for CL availed.
M.V. Kannan
From India, Madras
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You have not made any mention about your offer of appointment. Does it state any notice period? Are you aware of any standing orders applicable in your industry?
The statement regarding leave availed by you:
The legal position is that the company has already deducted wages for the days you were on leave without pay (LOP) and casual leave (CL) as per your eligibility. These cannot be considered when determining the notice period.
In short, if your offer of appointment requires you to give a 30-day notice or 30 days' wages in lieu of notice, you will be legally bound to do so. Apart from this, you are neither required to serve for the LOP days nor for CL availed.
M.V. Kannan
From India, Madras
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Mr. Sheshadri,
Normally, the probationers are required to give one month's notice, which gets revised to three months upon confirmation. Some companies do not include any notice clause for termination during the probation period. However, much depends on the appointment letter issued to you. As you are still on probation, please adhere to the terms outlined in your appointment letter.
JR Kumar
From India, Hyderabad
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Normally, the probationers are required to give one month's notice, which gets revised to three months upon confirmation. Some companies do not include any notice clause for termination during the probation period. However, much depends on the appointment letter issued to you. As you are still on probation, please adhere to the terms outlined in your appointment letter.
JR Kumar
From India, Hyderabad
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Dear, If You Resign before Policy Change Mail Received, than No Need to follow It. Krunal.
From India, Vadodara
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From India, Vadodara
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Dear Mr. Kannan and Mr. Kumar,
I am thankful for the guidance and reply regarding the notice period. I understand that CL and LOP will not be taken into account.
I apologize for troubling you once again and would like to request clarification on the following points:
1) In my appointment order, it is clearly mentioned as one month's notice or one month's pay in lieu of notice. My concern is that I completed my probationary period three months earlier. To date, I have not received any written communication regarding the confirmation of my service or an extension of the same. Can I submit my resignation stating that the question of one month's notice period or one month's salary does not arise as the appointment order is valid for only one year, and it expired three months ago?
Moreover, I am working in a paramedical college. I kindly request clarification and assistance from you.
Regards,
K.C. Seshadri
From India, Madras
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I am thankful for the guidance and reply regarding the notice period. I understand that CL and LOP will not be taken into account.
I apologize for troubling you once again and would like to request clarification on the following points:
1) In my appointment order, it is clearly mentioned as one month's notice or one month's pay in lieu of notice. My concern is that I completed my probationary period three months earlier. To date, I have not received any written communication regarding the confirmation of my service or an extension of the same. Can I submit my resignation stating that the question of one month's notice period or one month's salary does not arise as the appointment order is valid for only one year, and it expired three months ago?
Moreover, I am working in a paramedical college. I kindly request clarification and assistance from you.
Regards,
K.C. Seshadri
From India, Madras
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Dear Mr. Seshadri,
In my opinion, the appointment order issued to you at the time of your joining will be binding on you even after completing one year. In other words, if we look at it from the employer's perspective, though he has not confirmed you, he has honored all other commitments in the appointment order, i.e., retaining you in employment and offering all emoluments agreed.
Moreover, if there are any standing orders of the company and if it states that until the confirmation letter is issued, you will be on probation, then it will be binding on you. The fact is, even after completion of the probation period 3 months ago, you are still continuing in employment, which indirectly means that you are willing to abide by the terms and conditions of the appointment order.
In my opinion, it will be wise on your part to serve the notice period or if your employer is willing to adjust the leave available to your account (EL accrual for the period of service rendered by you) to the extent possible. You also have the option to pay the dues to the company (in lieu of the notice period or the amount due after adjusting the leave available to your account).
I presume that this is your maiden employment, and considering that, it will be wise on your part to depart from your employment by following the rules. In my opinion, the moral responsibility stands before a legal responsibility.
ALL THE VERY BEST!!!
M.V. KANNAN
From India, Madras
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In my opinion, the appointment order issued to you at the time of your joining will be binding on you even after completing one year. In other words, if we look at it from the employer's perspective, though he has not confirmed you, he has honored all other commitments in the appointment order, i.e., retaining you in employment and offering all emoluments agreed.
Moreover, if there are any standing orders of the company and if it states that until the confirmation letter is issued, you will be on probation, then it will be binding on you. The fact is, even after completion of the probation period 3 months ago, you are still continuing in employment, which indirectly means that you are willing to abide by the terms and conditions of the appointment order.
In my opinion, it will be wise on your part to serve the notice period or if your employer is willing to adjust the leave available to your account (EL accrual for the period of service rendered by you) to the extent possible. You also have the option to pay the dues to the company (in lieu of the notice period or the amount due after adjusting the leave available to your account).
I presume that this is your maiden employment, and considering that, it will be wise on your part to depart from your employment by following the rules. In my opinion, the moral responsibility stands before a legal responsibility.
ALL THE VERY BEST!!!
M.V. KANNAN
From India, Madras
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Dear Mr. Seshadri,
Normally, the clause in the appointment letter will state that the probation period needs to be confirmed in writing from management to confirm the services of a probationer. Unless confirmed, the probationer continues to be on probation. This is done to allow management to assess the performance of the probationer and decide whether to confirm the services or to extend the probation. In such cases, the confirmation is not automatic upon completion of the probation period.
If such a clause is in your appointment letter, then your employer not confirming your services will mean you continue to be in the probation period. In this case, you can leave the service based only on the terms as per your appointment letter, as the clauses applicable to confirmed employees like a three-month notice will not apply to you. Some employers make it a point to decide before the expiry of the notice period to inform the concerned employee about their decision regarding the confirmation of services. I have explained all these finer points for you so that you can use this information in the future while you work as an HR head. This may or may not be relevant in the present case.
Best wishes, JR Kumar
From India, Hyderabad
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Normally, the clause in the appointment letter will state that the probation period needs to be confirmed in writing from management to confirm the services of a probationer. Unless confirmed, the probationer continues to be on probation. This is done to allow management to assess the performance of the probationer and decide whether to confirm the services or to extend the probation. In such cases, the confirmation is not automatic upon completion of the probation period.
If such a clause is in your appointment letter, then your employer not confirming your services will mean you continue to be in the probation period. In this case, you can leave the service based only on the terms as per your appointment letter, as the clauses applicable to confirmed employees like a three-month notice will not apply to you. Some employers make it a point to decide before the expiry of the notice period to inform the concerned employee about their decision regarding the confirmation of services. I have explained all these finer points for you so that you can use this information in the future while you work as an HR head. This may or may not be relevant in the present case.
Best wishes, JR Kumar
From India, Hyderabad
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Dear,
Normally, there should be an extension of probation to require you to serve a longer notice period if it is stated in the Appointment Letter. If you have an alternate job ready, submit your resignation with a 30-day notice and observe their response. Depending on their reaction, you can decide how to proceed.
With Regards,
Advocates & Notaries & Legal Consultants [HR]
Email: rajanassociates@eth.net
Mobile: 9840142164 - 9025792684.
From India, Bangalore
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Normally, there should be an extension of probation to require you to serve a longer notice period if it is stated in the Appointment Letter. If you have an alternate job ready, submit your resignation with a 30-day notice and observe their response. Depending on their reaction, you can decide how to proceed.
With Regards,
Advocates & Notaries & Legal Consultants [HR]
Email: rajanassociates@eth.net
Mobile: 9840142164 - 9025792684.
From India, Bangalore
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Dear Mr. Kumar and Mr. Kannan,
Firstly, I thank both of you very much for sparing your valuable and precious time in guiding and clarifying my points. I will follow your humble guidance when leaving the job, and as stated by you, I will honor the moral responsibility.
Thank you for your valuable guidance once again.
Regards,
K.C. Seshadri
Trivellore
From India, Madras
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Firstly, I thank both of you very much for sparing your valuable and precious time in guiding and clarifying my points. I will follow your humble guidance when leaving the job, and as stated by you, I will honor the moral responsibility.
Thank you for your valuable guidance once again.
Regards,
K.C. Seshadri
Trivellore
From India, Madras
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The best way is to talk to your boss and explain to him that the notice period is 30 days. Taking legal action is not an option as it leads nowhere. You must also go through the policies of the organization and find out the exit clause, where the notice period would be mentioned. Organizations can change policies from time to time, and they have been doing it.
Legally speaking, the terms and conditions of services cannot be changed unless notice has been served on the employees, showing the management's intention of changing the service conditions. This also requires employees' consent. If no such action has been taken, the management cannot make changes. However, please don't resort to legal action and try to settle the issue with your boss.
Regards,
Daleep
From India, Delhi
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Legally speaking, the terms and conditions of services cannot be changed unless notice has been served on the employees, showing the management's intention of changing the service conditions. This also requires employees' consent. If no such action has been taken, the management cannot make changes. However, please don't resort to legal action and try to settle the issue with your boss.
Regards,
Daleep
From India, Delhi
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Hello Sir,
I have been working for a software company for the last 8 months. I have resigned from my job, and I have a notice period of 2 months. However, I have repeatedly informed them that I won't be able to serve the full term, but they insist on it and are not ready to relieve me. I have already served 1 month of notice, and I absolutely cannot continue for another month.
Please suggest if there is any legal binding regarding this situation. I am not on probation, and I have not signed any bond. I am willing to pay for my one-month notice as well. Would stopping attendance lead to any legal complications? Also, would they issue me an Experience letter and Relieving letter if I stop attending the office?
Thank you,
Natwar Tiwari
From India, Bangalore
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I have been working for a software company for the last 8 months. I have resigned from my job, and I have a notice period of 2 months. However, I have repeatedly informed them that I won't be able to serve the full term, but they insist on it and are not ready to relieve me. I have already served 1 month of notice, and I absolutely cannot continue for another month.
Please suggest if there is any legal binding regarding this situation. I am not on probation, and I have not signed any bond. I am willing to pay for my one-month notice as well. Would stopping attendance lead to any legal complications? Also, would they issue me an Experience letter and Relieving letter if I stop attending the office?
Thank you,
Natwar Tiwari
From India, Bangalore
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My dear Bhaskar,
The employer cannot alter conditions of service arbitrarily to your disadvantage. In case your resignation with a notice of 30 days has been accepted, you are not governed under the revised period of notice except that you convey to the employer to release you formally and appoint an official to hand over properties of the company, if any, in your possession. In case this is not possible, please send the same to them with a list and obtain an acknowledgment. You are then free to move out.
A friend
From India, Delhi
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The employer cannot alter conditions of service arbitrarily to your disadvantage. In case your resignation with a notice of 30 days has been accepted, you are not governed under the revised period of notice except that you convey to the employer to release you formally and appoint an official to hand over properties of the company, if any, in your possession. In case this is not possible, please send the same to them with a list and obtain an acknowledgment. You are then free to move out.
A friend
From India, Delhi
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Hi Bhaskar,
I have seen all the comments and thought to help you here because just 15 days back I have been through this.
1. Whatever is mentioned in the offer/appointment letter stays valid until the new rule brought in is signed by both parties. I won here because my company had a policy of probation period guys having a 1-month notice period and upon confirmation, 3 months.
I have a disagreement with what Mr. Kannan mentioned; the authority with management is to decide if the notice period mentioned in the offer letter is of 30 days to be served or less but not more. Any change to this has to be intimated to the employee on mail prior to his resignation. I think you are safe and should be relieved by 30 days.
Regards,
Sunny
From India, Badlapur
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I have seen all the comments and thought to help you here because just 15 days back I have been through this.
1. Whatever is mentioned in the offer/appointment letter stays valid until the new rule brought in is signed by both parties. I won here because my company had a policy of probation period guys having a 1-month notice period and upon confirmation, 3 months.
I have a disagreement with what Mr. Kannan mentioned; the authority with management is to decide if the notice period mentioned in the offer letter is of 30 days to be served or less but not more. Any change to this has to be intimated to the employee on mail prior to his resignation. I think you are safe and should be relieved by 30 days.
Regards,
Sunny
From India, Badlapur
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With my limited knowledge, I opine that this point falls under the change in service conditions/Sec 9A of the Industrial Disputes Act. Therefore, the HR should display a notice in Form E. After the completion of 21 days and when nobody has raised any objection, it becomes applicable. In Bhaskar's case, the notice period should be treated as 30 days. If Bhaskar can afford it, he can raise an issue with the Assistant/Deputy/Joint Commissioner of Labour based on the size of the industry. However, I request you to wait for suggestions, opinions, and inputs from the professionals.
From India, Hyderabad
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From India, Hyderabad
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Dear Bhaskar,
In your case, the relevant issues are as follows:
1. Was your resignation letter accepted before the communication of the longer notice period?
2. Was the rule of revision of the notice period from 30 days to 60 days notified in general or conveyed to you exclusively?
3. Was the new rule conveyed to you orally or documented?
4. Does your appointment letter state that the management reserves the right to amend/modify/alter any rules at any time without prior notice?
If the answer to question 1 is yes, you have a case to present.
If question 2 was specifically for you, you have a case.
If question 3 was conveyed to you verbally, you have a case.
Regarding question 4, any change in the appointment letter requires the explicit consent of the employee, and the provision "without prior intimation" may not be legally valid.
Your course of action would be to discuss questions 1 to 3 with HR or a higher authority, if the situations align as mentioned above, and present your case politely seeking understanding. If this approach is unsuccessful, it might be advisable to settle by paying the full notice period, based on your circumstances, and resign without conflict.
Kind regards, [Your Name]
From India, Delhi
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In your case, the relevant issues are as follows:
1. Was your resignation letter accepted before the communication of the longer notice period?
2. Was the rule of revision of the notice period from 30 days to 60 days notified in general or conveyed to you exclusively?
3. Was the new rule conveyed to you orally or documented?
4. Does your appointment letter state that the management reserves the right to amend/modify/alter any rules at any time without prior notice?
If the answer to question 1 is yes, you have a case to present.
If question 2 was specifically for you, you have a case.
If question 3 was conveyed to you verbally, you have a case.
Regarding question 4, any change in the appointment letter requires the explicit consent of the employee, and the provision "without prior intimation" may not be legally valid.
Your course of action would be to discuss questions 1 to 3 with HR or a higher authority, if the situations align as mentioned above, and present your case politely seeking understanding. If this approach is unsuccessful, it might be advisable to settle by paying the full notice period, based on your circumstances, and resign without conflict.
Kind regards, [Your Name]
From India, Delhi
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Dear Sir,
Greetings of the day!
I am working with a well-known organization for the past 5 months, but I have been posted at a very remote location by my company.
Secondly, during my appointment, I was informed that upon resigning, I need to serve a notice period of 90 days.
I had accepted this condition, but after completing one month of service, my mother started suffering from some disorders due to the atmosphere of my current location.
Realizing that my present company would not provide a transfer or any other option, I started searching for other opportunities. After searching for 4 months, I found one opportunity, and by that time, my mother's illness had worsened significantly. I have since resigned and made several requests for early relieving, but the HR department is not taking it seriously. Despite informing them that I am willing to serve a 60-day notice period instead of 90 days, they are reluctant to relieve me.
In addition to the aforementioned issues, they have sent me a mail stating my last working day and included a special statement indicating that the management reserves the right to extend my notice period. Consequently, I am unable to comprehend the management's primary objective.
I kindly request your assistance with this matter as on one hand, my mother is suffering from illness, and on the other hand, I need to secure employment to support myself. I also require a relieving letter from my current employer.
Best regards,
Vishal Thakur
From India, Kandukur
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Greetings of the day!
I am working with a well-known organization for the past 5 months, but I have been posted at a very remote location by my company.
Secondly, during my appointment, I was informed that upon resigning, I need to serve a notice period of 90 days.
I had accepted this condition, but after completing one month of service, my mother started suffering from some disorders due to the atmosphere of my current location.
Realizing that my present company would not provide a transfer or any other option, I started searching for other opportunities. After searching for 4 months, I found one opportunity, and by that time, my mother's illness had worsened significantly. I have since resigned and made several requests for early relieving, but the HR department is not taking it seriously. Despite informing them that I am willing to serve a 60-day notice period instead of 90 days, they are reluctant to relieve me.
In addition to the aforementioned issues, they have sent me a mail stating my last working day and included a special statement indicating that the management reserves the right to extend my notice period. Consequently, I am unable to comprehend the management's primary objective.
I kindly request your assistance with this matter as on one hand, my mother is suffering from illness, and on the other hand, I need to secure employment to support myself. I also require a relieving letter from my current employer.
Best regards,
Vishal Thakur
From India, Kandukur
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Notice of Employee Change.doc