Dear Senior Members,
Recently, the management announced a change in the policy of the notice period from one month to three months.
Now, it is being insisted that the notice period for all employees is three months.
In my opinion, the terms and conditions mentioned in the appointment order will remain valid unless the change in the notice period is individually advised to each employee with individual acknowledgment.
The changes in the personnel manual will only apply to employees who join after the date of the implementation of the rule change.
The general clause which states, "In the matter of service conditions, you will be governed by the rules of the company as in force from time to time," will it apply and overrule the notice period clause?
Please clarify this for me.
Regards,
Sekar
From India, Madras
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2Recently, the management announced a change in the policy of the notice period from one month to three months.
Now, it is being insisted that the notice period for all employees is three months.
In my opinion, the terms and conditions mentioned in the appointment order will remain valid unless the change in the notice period is individually advised to each employee with individual acknowledgment.
The changes in the personnel manual will only apply to employees who join after the date of the implementation of the rule change.
The general clause which states, "In the matter of service conditions, you will be governed by the rules of the company as in force from time to time," will it apply and overrule the notice period clause?
Please clarify this for me.
Regards,
Sekar
From India, Madras
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Hi, dear,
As you have mentioned the phrase "time to time," YES, it applies to the notice period clause. The management, as it has already mentioned, can change your joining period.
Rajeev
Dear Senior members,
Recently, the management announced a change in the policy of the notice period from one month to three months. Now, it is being insisted that the notice period is three months. In my opinion, the terms and conditions mentioned in the appointment order will hold unless the change in the notice period is individually advised to each employee with individual acknowledgment. The changes in the personnel manual will apply only to employees joining after the date of the implementation of the rule change. The general clause that states, "In the matter of service conditions, you will be governed by the rules of the company as in force from time to time," will it apply and overrule the notice period clause? Please clarify for me.
Regards,
Sekar
From India, Bangalore
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As you have mentioned the phrase "time to time," YES, it applies to the notice period clause. The management, as it has already mentioned, can change your joining period.
Rajeev
Dear Senior members,
Recently, the management announced a change in the policy of the notice period from one month to three months. Now, it is being insisted that the notice period is three months. In my opinion, the terms and conditions mentioned in the appointment order will hold unless the change in the notice period is individually advised to each employee with individual acknowledgment. The changes in the personnel manual will apply only to employees joining after the date of the implementation of the rule change. The general clause that states, "In the matter of service conditions, you will be governed by the rules of the company as in force from time to time," will it apply and overrule the notice period clause? Please clarify for me.
Regards,
Sekar
From India, Bangalore
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Hi,
In my opinion, the company cannot extend the notice period on its own. The notice period does not come under the company policies such as attendance, leave, LTC, medical, etc. However, it falls under the terms and conditions of the appointment letter, mutually agreed upon by both sides at the time of joining.
To implement the extension of the notice period, the organization may take an undertaking from all employees.
Regards,
Jyoti Negi:)
From India, Delhi
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In my opinion, the company cannot extend the notice period on its own. The notice period does not come under the company policies such as attendance, leave, LTC, medical, etc. However, it falls under the terms and conditions of the appointment letter, mutually agreed upon by both sides at the time of joining.
To implement the extension of the notice period, the organization may take an undertaking from all employees.
Regards,
Jyoti Negi:)
From India, Delhi
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Notice of change shall be given to the concerned employees to renegotiate the notice period and amend the clause in the appointment letters of affected employees.
In case of a dispute under section 2a of the ID Act, the matter may be referred to the authorities for conciliation. Unilateral changes in service conditions are not binding on the employees.
Regards, Sawant
From Saudi Arabia
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In case of a dispute under section 2a of the ID Act, the matter may be referred to the authorities for conciliation. Unilateral changes in service conditions are not binding on the employees.
Regards, Sawant
From Saudi Arabia
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Dear Senior Members,
Recently, the management announced a change in the policy of the notice period from one month to three months.
Now, it is being insisted that the notice period is three months.
In my opinion, the terms and conditions mentioned in the appointment order will hold unless the change in the notice period is individually advised to each employee with individual acknowledgment.
The changes in the personnel manual will apply only to employees joining after the date of the implementation of the rule change.
The general clause that states, "In the matter of service conditions, you will be governed by the rules of the company as in force from time to time," will it apply and overrule the notice period clause?
Please clarify for me.
Regards,
Sekar
From Netherlands
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Recently, the management announced a change in the policy of the notice period from one month to three months.
Now, it is being insisted that the notice period is three months.
In my opinion, the terms and conditions mentioned in the appointment order will hold unless the change in the notice period is individually advised to each employee with individual acknowledgment.
The changes in the personnel manual will apply only to employees joining after the date of the implementation of the rule change.
The general clause that states, "In the matter of service conditions, you will be governed by the rules of the company as in force from time to time," will it apply and overrule the notice period clause?
Please clarify for me.
Regards,
Sekar
From Netherlands
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Hi,
I have a query that is related to this topic. What if all the employees were given their increment letters with an additional clause stating that the notice period has changed from the original 1 month to 2/3 months? The employees now have a choice of either accepting their salary increment/promotion as well as the increase in notice period OR rejecting both, thereby resigning from the services of the organization.
I would like your comments to know if this is the correct way to implement this change. If not, what would be the right way to do it?
Looking forward to your responses.
Emereen
From India, Mumbai
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I have a query that is related to this topic. What if all the employees were given their increment letters with an additional clause stating that the notice period has changed from the original 1 month to 2/3 months? The employees now have a choice of either accepting their salary increment/promotion as well as the increase in notice period OR rejecting both, thereby resigning from the services of the organization.
I would like your comments to know if this is the correct way to implement this change. If not, what would be the right way to do it?
Looking forward to your responses.
Emereen
From India, Mumbai
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The increase in the notice period is always clubbed with some benefit for the employee so that they cannot refuse to sign. However, if the notice period is too long, then people will simply not turn up for duty one day, and completing the formalities will be an onerous task for HR always. To maintain good relationships, the notice period should always be honored.
Regards,
Sekar
From India, Madras
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Regards,
Sekar
From India, Madras
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The Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Ac.pdf
Personnel change notice.doc