Question
Hello, I am working in a medium-sized IT company (around 400 employees) in Pune, Maharashtra, as a software engineer. When I joined a year ago, I was told to give a one-month notice period (or forfeit one month's salary), which I agreed to, and it is also written in the appointment letter. After one year, the company's HR manager modified the company "policy" and is now asking for a three-month notice period (which I find totally unethical) or otherwise, they will ask for three months' salary. Additionally, they have the right not to provide any relieving or experience letter if anyone gives less than three months' notice. Please note that I have not signed this policy. I have signed the previous policy document, which states a one-month notice period. Also, I have not signed any bond with my current company.
Considering that no company in India can wait for three months, the HR manager has actually trapped all employees of the company, leaving no opportunity for proper termination if any employee wants to leave.
So, I have a few questions:
1. Can any company in India legally change their policy relating to the notice period and increase it to anything? Is there no authority in India to keep track of companies that trap their employees with such illegal policies?
2. Am I bound by this notice period when I have not signed the three-month notice period document?
3. Do I need to give one month's notice (as per my appointment letter), or am I bound by the company policy to give three months' notice?
4. If I give 15 days' notice, how much amount is the company entitled to deduct from my salary?
5. I am aware that if I give one month's notice, they will ask for three months' salary from me, and they will also not provide me with any relieving or experience letter. What should be the proper approach to handling this situation?
6. Do you think it is a good idea to tender my resignation through a labor lawyer so that I will get all documents from my company? Please also suggest if there is any good service lawyer in Pune from whom I can get legal advice and service.
I am really sorry for asking so many questions. Thank you very much.
Regards.
From India
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Hello, I am working in a medium-sized IT company (around 400 employees) in Pune, Maharashtra, as a software engineer. When I joined a year ago, I was told to give a one-month notice period (or forfeit one month's salary), which I agreed to, and it is also written in the appointment letter. After one year, the company's HR manager modified the company "policy" and is now asking for a three-month notice period (which I find totally unethical) or otherwise, they will ask for three months' salary. Additionally, they have the right not to provide any relieving or experience letter if anyone gives less than three months' notice. Please note that I have not signed this policy. I have signed the previous policy document, which states a one-month notice period. Also, I have not signed any bond with my current company.
Considering that no company in India can wait for three months, the HR manager has actually trapped all employees of the company, leaving no opportunity for proper termination if any employee wants to leave.
So, I have a few questions:
1. Can any company in India legally change their policy relating to the notice period and increase it to anything? Is there no authority in India to keep track of companies that trap their employees with such illegal policies?
2. Am I bound by this notice period when I have not signed the three-month notice period document?
3. Do I need to give one month's notice (as per my appointment letter), or am I bound by the company policy to give three months' notice?
4. If I give 15 days' notice, how much amount is the company entitled to deduct from my salary?
5. I am aware that if I give one month's notice, they will ask for three months' salary from me, and they will also not provide me with any relieving or experience letter. What should be the proper approach to handling this situation?
6. Do you think it is a good idea to tender my resignation through a labor lawyer so that I will get all documents from my company? Please also suggest if there is any good service lawyer in Pune from whom I can get legal advice and service.
I am really sorry for asking so many questions. Thank you very much.
Regards.
From India
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It all depends on the company policy. However, it would be applicable for people who submitted their resignation after the policy change was made. I guess regardless of what is printed on your appointment letter, you will need to abide by the policy change.
From India, Bangalore
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2From India, Bangalore
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Legal Notice for Breach of Notice Period .docx