Dear Seniors, I have a question regarding notice period changes. Is a mere email stating that the notice period is increased from 2 months to 3 months sufficient, or is it necessary to obtain consent from all employees who initially agreed to the terms? If an employer has increased the notice period from 2 months to 3 months and sent an email, what applies to an employee who resigns after this change? Please revert back; I need your guidance.
From India, Bangalore
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From India, Bangalore
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Dear All,
An increase in the probation period can be extended through performance appraisal, and the extension of the notice period should be signed by each employee. A copy of the signed notice should be placed in the employee's personal file.
Regards,
Sreekumar.N
From India, Madras
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An increase in the probation period can be extended through performance appraisal, and the extension of the notice period should be signed by each employee. A copy of the signed notice should be placed in the employee's personal file.
Regards,
Sreekumar.N
From India, Madras
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Understanding Employment Contracts
Employment is a contract between the employer and the employee that defines the relations between them in terms of mutual rights and responsibilities and binds them to stipulated mutual covenants. This contract underscores mutuality.
It also means, therefore, that each party is bound to do only that which it is empowered to and is prohibited from doing anything that is not empowered by the provisions of the said contract.
This situation can be superseded by any applicable law on any given subject. If conflicting positions occur between the applicable law and the provisions of the contract, the law will prevail since we cannot contract out of the law! Just remember that the law always provides the minimum on any subject.
Changing Notice Periods
Given this analysis, it is clear that the employer cannot change the notice period unilaterally (unless he has reserved a right to do so on any issue and the employee has accepted such condition). Normally, the appointment letters do say that, "rules applicable at any stage will bind the employee," and employers may take advantage of such a provision. I am of the opinion that such a provision, even if it exists, will render itself void in a court of law!
But the most unfortunate part of this reality is that the remedy does not lie in labor law because in most cases, the aggrieved employee may not be a "workman" under the Industrial Disputes Act 1947. The remedy will, however, be in civil law, being an issue of breach of contract or of non-equitable contract and having "accepted" the term, it will be difficult to convince the court about one's grievance on the matter!
The above logic applies to the matter of "probation period" as well.
Trust all are clear on the subject!
Regards,
Samvedan
July 11, 2010
From India, Pune
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321Employment is a contract between the employer and the employee that defines the relations between them in terms of mutual rights and responsibilities and binds them to stipulated mutual covenants. This contract underscores mutuality.
It also means, therefore, that each party is bound to do only that which it is empowered to and is prohibited from doing anything that is not empowered by the provisions of the said contract.
This situation can be superseded by any applicable law on any given subject. If conflicting positions occur between the applicable law and the provisions of the contract, the law will prevail since we cannot contract out of the law! Just remember that the law always provides the minimum on any subject.
Changing Notice Periods
Given this analysis, it is clear that the employer cannot change the notice period unilaterally (unless he has reserved a right to do so on any issue and the employee has accepted such condition). Normally, the appointment letters do say that, "rules applicable at any stage will bind the employee," and employers may take advantage of such a provision. I am of the opinion that such a provision, even if it exists, will render itself void in a court of law!
But the most unfortunate part of this reality is that the remedy does not lie in labor law because in most cases, the aggrieved employee may not be a "workman" under the Industrial Disputes Act 1947. The remedy will, however, be in civil law, being an issue of breach of contract or of non-equitable contract and having "accepted" the term, it will be difficult to convince the court about one's grievance on the matter!
The above logic applies to the matter of "probation period" as well.
Trust all are clear on the subject!
Regards,
Samvedan
July 11, 2010
From India, Pune
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Hi,
I think just a mail won't do. You can send a written notice to everybody and get it countersigned by them. That will be a proof of their acceptance, and along with that, you will be safe from any future complications.
With regards,
From India, Delhi
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I think just a mail won't do. You can send a written notice to everybody and get it countersigned by them. That will be a proof of their acceptance, and along with that, you will be safe from any future complications.
With regards,
From India, Delhi
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In my view, if the employer sends an email extending the notice period term, and the employees continue working in the organization without raising any objections, it can be considered a deemed acceptance of the modification of the terms of employment.
Anyone who raises objections can be handled separately by HR by signing the revised notice period. If the employee still refuses, the company has the right to ask him/her to leave the company by giving the earlier notice period or salary in lieu thereof.
In a nutshell, there is no remedy, and the employer is the king.
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Anyone who raises objections can be handled separately by HR by signing the revised notice period. If the employee still refuses, the company has the right to ask him/her to leave the company by giving the earlier notice period or salary in lieu thereof.
In a nutshell, there is no remedy, and the employer is the king.
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Thank you, Rajan.
The issue is that they have issued a letter stating the increase in the notice period to three months and have not provided a provision for the return consent of the employees. I need clarification to suggest to management for the same, which I got from all your members.
From India, Bangalore
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The issue is that they have issued a letter stating the increase in the notice period to three months and have not provided a provision for the return consent of the employees. I need clarification to suggest to management for the same, which I got from all your members.
From India, Bangalore
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Mere notice/mail sent to employees regarding an increase in the notice period is not sufficient to term it as CONSENT. If the terms of employment provide a period that the employee has accepted, it cannot be modified subsequently without his consent.
From India, Tiruchchirappalli
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From India, Tiruchchirappalli
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