Sir,
My company had a rule that a three-month notice period needs to be served. After a few months, they sent a mass email to all employees that the notice period has been cut down to 2 months. Then after a few months, they introduced a new rule that employees who have resigned and are on the notice period can be relieved immediately with the approval of their line manager without the consent of the employee. In this waiving-off process, the employee will not be given the full notice period salary but only until the date the waiver has been initiated.
Is this legal? Can your immediate boss waive off your notice period without you being in any integrity issue and just looking out for a job in that time? Can the company just keep on changing processes despite a different rule being mentioned in the offer letter?
From India, Chandigarh
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1My company had a rule that a three-month notice period needs to be served. After a few months, they sent a mass email to all employees that the notice period has been cut down to 2 months. Then after a few months, they introduced a new rule that employees who have resigned and are on the notice period can be relieved immediately with the approval of their line manager without the consent of the employee. In this waiving-off process, the employee will not be given the full notice period salary but only until the date the waiver has been initiated.
Is this legal? Can your immediate boss waive off your notice period without you being in any integrity issue and just looking out for a job in that time? Can the company just keep on changing processes despite a different rule being mentioned in the offer letter?
From India, Chandigarh
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This is a part of Industrial Relations, and without employees' approval, changes cannot be made, leading to potential industrial disputes. It is outlined in the Employees' service rules (act). The notice period varies based on the designation, so when an employee resigns, the notice period specified in their "appointment letter" is the appropriate ethical and legal exit procedure; otherwise, the matter may escalate to the labor commissioner.
From India, Ahmadabad
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From India, Ahmadabad
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Legal Notice for Breach of Notice Period .docx