I have worked in a startup for the last 9 months, and recently, company policies are changing. The newest changes are:
1. Notice period of all employees (existing and new) is now 2 months, changed from 1 month.
2. Salary cycle has shifted from 1-30 to 20-21st of each consecutive month.
In my offer letter, it is stated that my notice period is 1 month, but now HR is enforcing a 2-month notice period. I have received a new job offer letter and am currently serving my 1-month notice. If I do not serve the second month, I will be liable to pay 1 month's salary, which I do not want to pay.
I have not signed any contract after my original agreement stating I agreed to work under those policies.
My employer will most likely withhold payment if I do not serve my second month. My questions are:
1. Is this change legally binding?
2. Am I liable to pay in lieu of serving the second month?
3. What action can I take to avoid serving the second month and to avoid paying?
From India, Kolkata
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1. Notice period of all employees (existing and new) is now 2 months, changed from 1 month.
2. Salary cycle has shifted from 1-30 to 20-21st of each consecutive month.
In my offer letter, it is stated that my notice period is 1 month, but now HR is enforcing a 2-month notice period. I have received a new job offer letter and am currently serving my 1-month notice. If I do not serve the second month, I will be liable to pay 1 month's salary, which I do not want to pay.
I have not signed any contract after my original agreement stating I agreed to work under those policies.
My employer will most likely withhold payment if I do not serve my second month. My questions are:
1. Is this change legally binding?
2. Am I liable to pay in lieu of serving the second month?
3. What action can I take to avoid serving the second month and to avoid paying?
From India, Kolkata
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Hi, your employer cannot hold your PF but can prolong the full and final settlement if relieving is not done properly. I am not sure whether the amendment in the notice period takes effect before or after your resignation. In general, an employer (corporate sector without unions) has the right to revise the rules and regulations, and in your appointment order, there should be a clause addressing this.
If possible, try to complete the extended notice period and get properly relieved. I always suggest not complicating matters with your employer unless the issue at hand is significant.
From India, Madras
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1015If possible, try to complete the extended notice period and get properly relieved. I always suggest not complicating matters with your employer unless the issue at hand is significant.
From India, Madras
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Notice period as a service condition
Notice period being a service condition cannot be changed without notice. In respect of employees who do not hold any supervisory role, it should be as per section 9A of the ID Act. Therefore, if you do not belong to a category of employees called managerial by function (not simply designation), the act of the employer or the HR Manager representing the employer is illegal and not binding on the existing employees. Even otherwise, in the absence of a Certified Standing Order, the notice period as applicable to an employee has no relevance because there is no provision in the Industrial Disputes Act that makes an employee give notice if he wants to leave, though it is mandatory for an employer to give notice if he wants to discharge or terminate an employee!
Amicable settlement with the employer
If you are not okay with the company, you may leave and don't respond to their demand for notice pay. However, the employer, being the authority to issue a service certificate or relieving order and give favorable feedback when a background verification comes, it is always good if you reach an amicable settlement. In that, your personal skills will always benefit you and not our advice.
From India, Kannur
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Notice period being a service condition cannot be changed without notice. In respect of employees who do not hold any supervisory role, it should be as per section 9A of the ID Act. Therefore, if you do not belong to a category of employees called managerial by function (not simply designation), the act of the employer or the HR Manager representing the employer is illegal and not binding on the existing employees. Even otherwise, in the absence of a Certified Standing Order, the notice period as applicable to an employee has no relevance because there is no provision in the Industrial Disputes Act that makes an employee give notice if he wants to leave, though it is mandatory for an employer to give notice if he wants to discharge or terminate an employee!
Amicable settlement with the employer
If you are not okay with the company, you may leave and don't respond to their demand for notice pay. However, the employer, being the authority to issue a service certificate or relieving order and give favorable feedback when a background verification comes, it is always good if you reach an amicable settlement. In that, your personal skills will always benefit you and not our advice.
From India, Kannur
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Legal Notice for Breach of Notice Period .docx
Employment Agreement.pdf