I work in an IT company and am currently serving a 2-month notice period. I'm okay with the notice period. However, my company has reduced my days off from 2 days a week to 1 day, and they have also canceled the night shift allowance. Is this legal? How can I proceed further regarding this?
From India, New Delhi
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From India, New Delhi
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Considerations Before Legal Action
Before considering the legality, please check the appointment order regarding the number of weekly offs and night shift allowance. If this is provided for, then perhaps you do not have a strong case.
Employment Terms During Notice Period
During the notice period, employment terms cannot be altered to your prejudice; that is the principle. You can file a complaint with the Labour Officer for making illegal changes if you fall within the 'Workman' category as per the ID Act of 1947. However, considering the notice period as a short interlude, do you really want to engage in a dispute and complicate your full and final settlement? Weigh the pros and cons carefully before taking any steps.
From India, Mumbai
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1593Before considering the legality, please check the appointment order regarding the number of weekly offs and night shift allowance. If this is provided for, then perhaps you do not have a strong case.
Employment Terms During Notice Period
During the notice period, employment terms cannot be altered to your prejudice; that is the principle. You can file a complaint with the Labour Officer for making illegal changes if you fall within the 'Workman' category as per the ID Act of 1947. However, considering the notice period as a short interlude, do you really want to engage in a dispute and complicate your full and final settlement? Weigh the pros and cons carefully before taking any steps.
From India, Mumbai
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During the notice period, the employer is usually not concerned about you, so they may make changes. The law requires you to have one weekly day off per week, so if they remove the extra day, there is not much you can do about it unless your appointment letter states that you are entitled to two weekly offs.
In any case, since you are leaving, it's best to ignore these issues and focus on a clean exit to ensure your future benefits, vacation, and gratuity will not be affected.
From India, Mumbai
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In any case, since you are leaving, it's best to ignore these issues and focus on a clean exit to ensure your future benefits, vacation, and gratuity will not be affected.
From India, Mumbai
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The legal aspects have been addressed by members. They have rightly suggested ignoring these minor issues and leaving on as pleasant a note as possible. These actions will harm the company in the long run. Well-managed companies do not indulge in these dirty tricks.
Col. Suresh Rathi
From India, Delhi
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Col. Suresh Rathi
From India, Delhi
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Factories work amendment for employing female worker in Night shift.pdf