I want to change the designation of my employees from next month as per their department. Can I make this change effective from the immediate next month, or are there any rules or procedures to follow for changing their posts/designations? Kindly provide your support.
From India, Mumbai
Acknowledge(0)
Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Colleague,
Types of Employees Under the Law
In any organization, there are broadly two types of employees in the eyes of the law, as you know: 1) Workmen covered under the Industrial Disputes Act 1947, and 2) employees who are not "Workmen," which means Supervisors drawing wages at the level stipulated under the act and Managerial or Administrative capacity employees.
Workmen Under ID Act
In the case of Workmen covered under the ID Act 1947, prior notice is a must in case of any change in conditions of service, such as a change in the Grade system and other matters as mentioned below in further reading. For such class of workmen, if your proposal is to "Change the Conditions of Service applicable to a substantial manner and impact on their Wages/Grade, etc.," then only the Notice of Change should be given. If it is only to change their titles, then it can be done within the organization as a normal process.
Employees Who Are Not Workmen Under ID Act
In the case of employees who are "not workmen" under the ID Act, no such conditions are imposed by any law, and it is at the discretion of the Employer. However, having strong internal communication with all employees on the "Purpose and Need" and how the change is not going to affect them in any way is crucial to avoid any backlash and misconceptions among employees.
Overall Change Management
This type of change requires a good amount of preparation, change management, Organizational Communication, Internal Communication, Departmental communication, and so on to implement it smoothly without any confusion in the minds of employees.
Kindly read the relevant provisions pertaining to Workmen:
Notice of Change
9A. Notice of change.- No employer who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule shall effect such change—
(a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or within twenty-one days of giving such notice:
Provided that notice shall not be required for effecting any such change—
(a) where the change is effected in pursuance of any [settlement or award]; or...
The Fourth Schedule (See Section 9A)
Conditions of Service for a change of which Notice is to be given:
1. Wages, including the period and mode of payment;
2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force;
3. Compensatory and other allowances;
4. Hours of work and rest intervals;
5. Leave with wages and holidays;
6. Starting alteration or discontinuance of shift working otherwise than in accordance with standing orders;
7. Classification by grades;
8. Withdrawal of any customary concession or privilege or change in usage;
9. Introduction of new rules of discipline or alteration of existing rules, except in so far as they are provided in standing orders;
10. Rationalization, standardization, or improvement of plant or technique likely to lead to the retrenchment of workmen;
11. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, not occasioned by circumstances over which the employer has no control.
I hope this review helps improve the clarity and correctness of your communication.
From India, Chennai
Acknowledge(0)Amend(0)
321Types of Employees Under the Law
In any organization, there are broadly two types of employees in the eyes of the law, as you know: 1) Workmen covered under the Industrial Disputes Act 1947, and 2) employees who are not "Workmen," which means Supervisors drawing wages at the level stipulated under the act and Managerial or Administrative capacity employees.
Workmen Under ID Act
In the case of Workmen covered under the ID Act 1947, prior notice is a must in case of any change in conditions of service, such as a change in the Grade system and other matters as mentioned below in further reading. For such class of workmen, if your proposal is to "Change the Conditions of Service applicable to a substantial manner and impact on their Wages/Grade, etc.," then only the Notice of Change should be given. If it is only to change their titles, then it can be done within the organization as a normal process.
Employees Who Are Not Workmen Under ID Act
In the case of employees who are "not workmen" under the ID Act, no such conditions are imposed by any law, and it is at the discretion of the Employer. However, having strong internal communication with all employees on the "Purpose and Need" and how the change is not going to affect them in any way is crucial to avoid any backlash and misconceptions among employees.
Overall Change Management
This type of change requires a good amount of preparation, change management, Organizational Communication, Internal Communication, Departmental communication, and so on to implement it smoothly without any confusion in the minds of employees.
Kindly read the relevant provisions pertaining to Workmen:
Notice of Change
9A. Notice of change.- No employer who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule shall effect such change—
(a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or within twenty-one days of giving such notice:
Provided that notice shall not be required for effecting any such change—
(a) where the change is effected in pursuance of any [settlement or award]; or...
The Fourth Schedule (See Section 9A)
Conditions of Service for a change of which Notice is to be given:
1. Wages, including the period and mode of payment;
2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force;
3. Compensatory and other allowances;
4. Hours of work and rest intervals;
5. Leave with wages and holidays;
6. Starting alteration or discontinuance of shift working otherwise than in accordance with standing orders;
7. Classification by grades;
8. Withdrawal of any customary concession or privilege or change in usage;
9. Introduction of new rules of discipline or alteration of existing rules, except in so far as they are provided in standing orders;
10. Rationalization, standardization, or improvement of plant or technique likely to lead to the retrenchment of workmen;
11. Any increases or reduction (other than casual) in the number of persons employed or to be employed in any occupation or process or department or shift, not occasioned by circumstances over which the employer has no control.
I hope this review helps improve the clarity and correctness of your communication.
From India, Chennai
Acknowledge(0)Amend(0)
Changing Post/Designation Without Affecting Service Conditions
In case the change in post/designation does not prejudicially affect service conditions like pay, status, promotion prospects, working conditions, job contents, etc., there is no issue in changing post/designation as they are only organizational labels and can be changed as per convenience.
From India, Mumbai
Acknowledge(0)Amend(0)
In case the change in post/designation does not prejudicially affect service conditions like pay, status, promotion prospects, working conditions, job contents, etc., there is no issue in changing post/designation as they are only organizational labels and can be changed as per convenience.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Change Management.ppt