I am in a strange situation regarding the notice period. I am working on a contract-to-hire basis on the client side. At the time of hiring, the consultancy gave me an offer letter which stated that the notice period would be 2 months, and there was no mention of a clause for buying out the notice period. I joined in March 2011. In July 2011, the consultancy changed their exit policy and extended the notice period. As I was on the client side, I didn't have access to the consultancy portals and was unaware of this policy change. Two days ago, I sent my resignation stating the last working day (date after two months), and I received a reply from the concerned HR stating a 3-month notice period. It was surprising for me as I had already promised my new employer my joining date.
Normally, I have observed that such policy changes take place only after the completion of the appraisal cycle. My question is, is it a valid way to extend the notice period? At the time of the employer making the offer, it is based on the mutual understanding of both parties. Is it legal to change the notice period in this manner? If it is legal, then the employees are always at a loss because who would agree if the employer extends the notice period to one year.
Please reply :-(
Regards,
Virendra
From India
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Normally, I have observed that such policy changes take place only after the completion of the appraisal cycle. My question is, is it a valid way to extend the notice period? At the time of the employer making the offer, it is based on the mutual understanding of both parties. Is it legal to change the notice period in this manner? If it is legal, then the employees are always at a loss because who would agree if the employer extends the notice period to one year.
Please reply :-(
Regards,
Virendra
From India
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Change of Service Conditions and Legal Implications
This particular query falls under a change of service conditions. As per the ID Act Section 9A, the employer cannot simply change the service conditions without properly communicating to the employee, and such changes are to be made after 22 days of such notification.
Change in service condition is a lengthy process, and they cannot simply do as per their will and wish; hence, challenge their decision. You will win.
Please approach the competent authority and lodge a complaint.
Regards,
Kamesh
From India, Hyderabad
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191This particular query falls under a change of service conditions. As per the ID Act Section 9A, the employer cannot simply change the service conditions without properly communicating to the employee, and such changes are to be made after 22 days of such notification.
Change in service condition is a lengthy process, and they cannot simply do as per their will and wish; hence, challenge their decision. You will win.
Please approach the competent authority and lodge a complaint.
Regards,
Kamesh
From India, Hyderabad
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