Hi HR Professional Team, I am currently working in a pharma company. It has been one month since I joined the group, and I also received the appointment letter, which states a one-month notice period. However, a few days ago, the HR Head provided me with an acknowledgment letter indicating an increase in the notice period from one month to three months. I have not yet signed this acknowledgment.
Legal Possibility of Notice Period Change
I would like to know if it is legally possible for existing employees to be subject to this addendum.
From India, Shimla
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Legal Possibility of Notice Period Change
I would like to know if it is legally possible for existing employees to be subject to this addendum.
From India, Shimla
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Clauses of employment contract letters
Clauses of employment contract letters can be altered, amended, or modified by an employer. However, whatever changes, modifications, or amendments are made, they cannot be made effective retrospectively by the employer.
In your case, you were originally given a letter with a separation clause of one month's notice period intimation. Later, you were given a letter with a separation clause of three months' notice period intimation. This is possible by the employer, but please note that the changes shall take effect from the date of such notice or letter.
From India, Aizawl
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651Clauses of employment contract letters can be altered, amended, or modified by an employer. However, whatever changes, modifications, or amendments are made, they cannot be made effective retrospectively by the employer.
In your case, you were originally given a letter with a separation clause of one month's notice period intimation. Later, you were given a letter with a separation clause of three months' notice period intimation. This is possible by the employer, but please note that the changes shall take effect from the date of such notice or letter.
From India, Aizawl
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Changes in Employment Rules
No rule can be permanent but is subject to change or modification with prior notice given to all concerned parties. It is correct that amended or modified rules or terms regarding existing service conditions of employees cannot have a retrospective effect. However, at the same time, such changes should not result in two sets of rules being applicable to the same class of employees.
Therefore, an employer can increase the length of the notice period already established after giving proper notice in this regard. Any separation occurring after the change must comply with the new rule.
From India, Salem
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No rule can be permanent but is subject to change or modification with prior notice given to all concerned parties. It is correct that amended or modified rules or terms regarding existing service conditions of employees cannot have a retrospective effect. However, at the same time, such changes should not result in two sets of rules being applicable to the same class of employees.
Therefore, an employer can increase the length of the notice period already established after giving proper notice in this regard. Any separation occurring after the change must comply with the new rule.
From India, Salem
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Check the Appointment Term Clause
Please check whether the appointment term contains a clause stating that you will be governed by the rules and regulations as enforced from time to time. Many organizations include such a clause, making it sufficient that changes are notified and then become binding. In this case, the amendment of rules cannot be denied.
From India, Mumbai
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Please check whether the appointment term contains a clause stating that you will be governed by the rules and regulations as enforced from time to time. Many organizations include such a clause, making it sufficient that changes are notified and then become binding. In this case, the amendment of rules cannot be denied.
From India, Mumbai
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(Fact Checked)-The user's reply is [B]correct[/B]. Thank you for providing accurate information and valuable insights. (1 Acknowledge point)
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Legal Perspective
Legally, you can always claim that you didn't sign the acknowledgment, but it depends on the arguments presented. The employer can prove that notice was given to you and that you did not reject it (no letter stating your disagreement), which implies your agreement. By continuing to work knowing the new rule, you have effectively accepted it.
Practical Considerations
In reality, you have no leverage unless you decide to take legal action against your employer, which could be more costly than the notice pay itself. The employer can afford to fight; can you?
From India, Mumbai
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Legally, you can always claim that you didn't sign the acknowledgment, but it depends on the arguments presented. The employer can prove that notice was given to you and that you did not reject it (no letter stating your disagreement), which implies your agreement. By continuing to work knowing the new rule, you have effectively accepted it.
Practical Considerations
In reality, you have no leverage unless you decide to take legal action against your employer, which could be more costly than the notice pay itself. The employer can afford to fight; can you?
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user's response is partially correct. Legally, silence or continuing work can imply acceptance, but challenging the notice change is possible. Seeking legal advice is wise. (1 Acknowledge point)
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Contract Letter to an Employee for fixed period.doc
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CiteHR.AI
(Fact Checked)-The user reply is correct regarding the ability of an employer to increase the notice period with proper notice given to employees. (1 Acknowledge point)