I joined TCS in 2009, and as per my offer letter, I have a 90-day notice period. Later, there was a change in the company policy in 2010/2011, reducing the notice period to 30 days company-wide.
I am unsure if the policy change applies to me, or if I must still serve the 90 days. Despite providing a 30-day notice, the company is now requesting payment for a two-month notice period shortfall.
Please assist me with this matter.
Thank you.
From India, Kolkata
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I am unsure if the policy change applies to me, or if I must still serve the 90 days. Despite providing a 30-day notice, the company is now requesting payment for a two-month notice period shortfall.
Please assist me with this matter.
Thank you.
From India, Kolkata
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The change in the policy has been in effect since 2010/11, as you mentioned, and the same has to be communicated to employees within the organization. If you have received this information, you can claim the notice period relaxation. However, it would be beneficial if you could speak to your Business Unit HR regarding this matter for better understanding.
I hope this information is helpful.
Regards,
Jeevan
From India, Thiruvananthapuram
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10I hope this information is helpful.
Regards,
Jeevan
From India, Thiruvananthapuram
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Hi, There would have been a written communication to notify the reduction in notice period. I suggest you can refer that mail and then discuss it further with your HR. Regards Vineet
From India, Delhi
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From India, Delhi
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As you have mentioned, the change in the policy has been effective since 2010/11. There would have surely been some sort of written communication from HR to the concerned employees to notify them of the reduction in the notice period. Please refer to it. There might be two possibilities:
1. Change in Policy Applicable Only to New Employees
The change in policy is applicable only to employees joining the organization from 2010/11 onwards.
Remedy – As per company norms, you would need to compensate for the remaining notice period.
2. Change in Policy Applicable to All Current Employees
The change in policy is applicable to all current employees of the organization.
Remedy – No such need.
Regards
From India, Mumbai
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1. Change in Policy Applicable Only to New Employees
The change in policy is applicable only to employees joining the organization from 2010/11 onwards.
Remedy – As per company norms, you would need to compensate for the remaining notice period.
2. Change in Policy Applicable to All Current Employees
The change in policy is applicable to all current employees of the organization.
Remedy – No such need.
Regards
From India, Mumbai
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(Fact Checked)-The user reply is [B]correct[/B] based on general HR practices and principles. It correctly suggests that if the change in policy was communicated to all employees, the reduced notice period should apply to all current employees. (1 Acknowledge point)
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For any change in policies, they are uploaded on the intranet site and shown as intimation that the respective policy has been amended. There is no mail communication available in this regard.
Document Release Note
This policy on Separation, V 2, is released for use with effect from 01 Jan 2010.
Implementation Date
This policy is applicable with effect from Oct 1, 2007. All separations on or after this date will be governed by this policy. So, I can assume that this should be applicable to me. I've already resigned, and they have sent me a notice to pay the shortfall amount. So, I want to know my stand as per the policy. Also, they initially communicated in writing that the notice period applicable is 30 days, and later on, at the time of calculating the final settlement, they are now saying the other way.
Thanks,
From India, Kolkata
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Document Release Note
This policy on Separation, V 2, is released for use with effect from 01 Jan 2010.
Implementation Date
This policy is applicable with effect from Oct 1, 2007. All separations on or after this date will be governed by this policy. So, I can assume that this should be applicable to me. I've already resigned, and they have sent me a notice to pay the shortfall amount. So, I want to know my stand as per the policy. Also, they initially communicated in writing that the notice period applicable is 30 days, and later on, at the time of calculating the final settlement, they are now saying the other way.
Thanks,
From India, Kolkata
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If there is an amendment issued on the intranet, it is definitely applicable to you as well. TCS is an ethical company, and they may not mislead or harass outgoing employees. Perhaps the HR person handling your case is inexperienced or eccentric. It would be better to discuss this with higher-ups.
Regards,
Pon
From India, Lucknow
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Regards,
Pon
From India, Lucknow
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As rightly said by Pon, you have to send a mail/letter to your HR referring the Amendment in Policy and also discuss with the senior HR/Accounts personnel.
From India, Ahmadabad
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From India, Ahmadabad
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Hi all, Just want to understand: As per the appointment letter, if an employee wants to leave, he/she has to serve a 2-month notice, and this notice period cannot be bought out. It can only be waived off if your manager approves. However, the organization can terminate/fire an employee at their sole discretion.
Notice Period and Relieving Letters
But what if someone has left after serving a 12-14 days notice period? Can the organization have the right not to give any relieving/experience/FnF letter to the employee, based on the fact that he/she has not served the full 2 months notice? Can an employee go legal in this case to get the letter from the organization? Please confirm.
Regards,
From India, Delhi
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Notice Period and Relieving Letters
But what if someone has left after serving a 12-14 days notice period? Can the organization have the right not to give any relieving/experience/FnF letter to the employee, based on the fact that he/she has not served the full 2 months notice? Can an employee go legal in this case to get the letter from the organization? Please confirm.
Regards,
From India, Delhi
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(Fact Checked)-The user's reply is partially correct. As per Indian Contract Act, an employer can refuse to issue relieving/experience/FnF letter if an employee does not serve the notice period specified in the appointment letter. However, the organization cannot withhold such letters unreasonably. The employee can seek legal recourse to obtain these documents if unfairly denied. (1 Acknowledge point)
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Since TCS seems to be governed by the Shops and Establishments Act, wherein the notice period is shorter, any contract contradicting it will be void. The authorities under the Act can be approached for redressal.
From India, New Delhi
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From India, New Delhi
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Case Reference: Hari Raj H v Shah Wallace Ltd
In the case of Hari Raj H v Shah Wallace Ltd, dated January 13, 1999, the Madras High Court decided that the provisions of the Shop and Establishment Act cannot be contravened, even if there is an agreement between the employee and employer. Therefore, it is advisable to approach the authorities or court as provided in the Act for redressal.
If an employee wants to leave earlier than the notice period prescribed in the Act, he must pay wages for the lesser period, or it can be adjusted against his adjustable dues. Furthermore, the employer cannot refuse to provide a relieving and experience certificate as per the various State Acts mentioned above.
From India, New Delhi
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In the case of Hari Raj H v Shah Wallace Ltd, dated January 13, 1999, the Madras High Court decided that the provisions of the Shop and Establishment Act cannot be contravened, even if there is an agreement between the employee and employer. Therefore, it is advisable to approach the authorities or court as provided in the Act for redressal.
If an employee wants to leave earlier than the notice period prescribed in the Act, he must pay wages for the lesser period, or it can be adjusted against his adjustable dues. Furthermore, the employer cannot refuse to provide a relieving and experience certificate as per the various State Acts mentioned above.
From India, New Delhi
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(Fact Checked)-[B]Correct[/B]: Your response citing the Hari Raj H v Shah Wallace Ltd case is accurate. It highlights the importance of compliance with the Shop and Establishment Act for notice periods and employee rights. (1 Acknowledge point)
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Employee reference policy.doc
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(Fact Checked)-The user reply is correct. It aligns with the labor laws regarding notice period changes in a company's policy. It is advisable to consult with the BU HR for further clarification. (1 Acknowledge point)