I am working in automotive company where in appointment notice period terms are written "As per prevailing company policy" & while i joined it was 60 days . Now company floats a mail on 30th Nov'23 & revises the notice period to 90 days. Whereas i have resigned on 21st Dec'23. I have a concern can this is as per law or there should be timeline for effectiveness if any change in such terms this should not be immediate as here HR does. Can you pl. help as i can serve 60 days only
From India, Ahmedabad
From India, Ahmedabad
Notice period is a condition of employment and that cannot be changed without giving notice as per section 9A of the Industrial Disputes Act. Since you have 60 days notice, that will be applicable to you. I would say that all the employees should jointly protest the act of the management increasing the notice period from 60 to 90 days.
From India, Kannur
4248From India, Kannur
Thanks for prompt response! additionally, can you pls. help out in below queries too.
As per section 9A, 21 days' notice is mandate, hope i m correct. If this the condition I have received the mail on 1st Dec'23 and I have submitted resignation on 22nd Dec'23- in this case can i counter them as there is one day extra.
Also employer is paying leaves on basic pay & deducting notice on Gross pay , is this legal or any rule regarding this ..
Requesting your support! Thanks a lot.
From India, Ahmedabad
As per section 9A, 21 days' notice is mandate, hope i m correct. If this the condition I have received the mail on 1st Dec'23 and I have submitted resignation on 22nd Dec'23- in this case can i counter them as there is one day extra.
Also employer is paying leaves on basic pay & deducting notice on Gross pay , is this legal or any rule regarding this ..
Requesting your support! Thanks a lot.
From India, Ahmedabad
Changing the notice period from 60 days to 90 days is not legally enforceable not only for the reason that no notice is given or the change is made effective within 21 days of the notice but the provision that the workers should give notice to resign itself is illegal. Where is it mentioned in the Industrial Disputes Act that a worker should give notice to leave the company? An employer should give notice to terminate an employee but an employee need not give any notice. Suppose that the Certified Standing Orders of your company provides for a notice and the same is 60 days. Then just by giving a notice notice u/s 9A the employer cannot change the notice period form 60 to 90 days but it would require amending the standing orders. A standing order can be amended only by following the same procedures as is required to get it certified. The employes can very well defend the employer's decision of changing the notice period.
When an employer has given a notice to change a service condition, ie, changing the notice period from 60 to 90, you are expected to decline it by challenging the decision. If the workers have not challenged it, it would be construed that the workers agree to the decision. Now the question is not the date on which the change would come in to force but on whether there can be a service condition like notice period for a worker? There is no such condition of service like notice period for the workers and that is why you cannot find a service condition in the Fourth Schedule of ID Act. And nowhere in ID Act it is mentioned that a worker should give notice to leave an employer.
From India, Kannur
When an employer has given a notice to change a service condition, ie, changing the notice period from 60 to 90, you are expected to decline it by challenging the decision. If the workers have not challenged it, it would be construed that the workers agree to the decision. Now the question is not the date on which the change would come in to force but on whether there can be a service condition like notice period for a worker? There is no such condition of service like notice period for the workers and that is why you cannot find a service condition in the Fourth Schedule of ID Act. And nowhere in ID Act it is mentioned that a worker should give notice to leave an employer.
From India, Kannur
Understood your point - now what i can do as i have not replied to that change in notice mail received from HR. & it's been one 1.5 month. Mail received on 1st Dec'23 & i resigned on 22nd Dec'23. I'm serving 60 days' notice period as per earlier policy but i haven't made any revert on mail.
Could you help in draft pls. so that i could avoid this conflict.
From India, Ahmedabad
Could you help in draft pls. so that i could avoid this conflict.
From India, Ahmedabad
Dear Experts,
In this case, we are presuming that the query raiser is a workman attracting Section 9A. Generally, for workman cadre companies do not change the notice period. Also, wages are clearly defined without ambiguity related to a deduction on basic or gross.
Now the question comes, if the person is not a workman, the company changed its policy which is common to everyone. Can he challenge its applicability citing any reason after his resignation?
Regards,
From India, Delhi
In this case, we are presuming that the query raiser is a workman attracting Section 9A. Generally, for workman cadre companies do not change the notice period. Also, wages are clearly defined without ambiguity related to a deduction on basic or gross.
Now the question comes, if the person is not a workman, the company changed its policy which is common to everyone. Can he challenge its applicability citing any reason after his resignation?
Regards,
From India, Delhi
Workman means a person who has no reportee under him. In many cases, person with supervisory authorities become workman because they do not have functional authorities.
From India, Kannur
From India, Kannur
Hi
As this situation involves a conflict of interest and potential ethical violations, it is imperative that the company takes swift and decisive action. Firstly, an internal investigation should be conducted to gather all relevant information and evidence regarding the production manager's actions. This investigation should be thorough and impartial, ensuring that all parties involved are given the opportunity to present their side of the story.
Once the investigation is complete, the company should consider taking disciplinary action against the production manager if the allegations are found to be true. This could range from a formal warning to termination of employment, depending on the severity of the breach of trust and the company's policies regarding such matters.
Furthermore, steps should be taken to prevent similar situations from arising in the future. This may involve reviewing and updating the company's conflict of interest policies, implementing stricter controls and oversight in the procurement process, and providing training and guidance to employees on ethical conduct in the workplace.
It is also important to consider the potential impact on the company's reputation and relationships with other vendors and stakeholders. Open and transparent communication about the situation may be necessary to address any concerns and maintain trust and credibility.
Overall, addressing this issue in a fair and transparent manner is crucial to upholding the company's values and maintaining a professional and ethical work environment. It is important to handle this delicate matter with care and consideration for all parties involved, while also ensuring that the company's interests and integrity are protected.
Thanks
From India, Bangalore
As this situation involves a conflict of interest and potential ethical violations, it is imperative that the company takes swift and decisive action. Firstly, an internal investigation should be conducted to gather all relevant information and evidence regarding the production manager's actions. This investigation should be thorough and impartial, ensuring that all parties involved are given the opportunity to present their side of the story.
Once the investigation is complete, the company should consider taking disciplinary action against the production manager if the allegations are found to be true. This could range from a formal warning to termination of employment, depending on the severity of the breach of trust and the company's policies regarding such matters.
Furthermore, steps should be taken to prevent similar situations from arising in the future. This may involve reviewing and updating the company's conflict of interest policies, implementing stricter controls and oversight in the procurement process, and providing training and guidance to employees on ethical conduct in the workplace.
It is also important to consider the potential impact on the company's reputation and relationships with other vendors and stakeholders. Open and transparent communication about the situation may be necessary to address any concerns and maintain trust and credibility.
Overall, addressing this issue in a fair and transparent manner is crucial to upholding the company's values and maintaining a professional and ethical work environment. It is important to handle this delicate matter with care and consideration for all parties involved, while also ensuring that the company's interests and integrity are protected.
Thanks
From India, Bangalore
Change of notice period from 60 days to 90 days is a change in the service condition. There is no doubt. However, Sec 9A of the ID Act is applicable only to the workman. Is Mr Raghav working as a workman? As per Sec. 2 (s) of the ID Act defines the term "workman" as any person including an apprentice employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied . . . . . but does not include any such person . . . . (iv) who being employed in a supervisory capacity draws wages exceeding one thousand six hundred rupees per month or exercises, either by the nature of duties attached to the office or by reason of the powers vested in him, function mainly of a managerial nature.
In this definition, other than workman, the mandate as per Sec.9A does not apply. Hence, if the management changes the notice period from 60 days to 90 days, in my opinion, I dont think anything can be done. The best way is to request the Management / HR to consider some leniency and get relieved bit earlier by telling some genuine reasons.
Regards,
From India, Madras
In this definition, other than workman, the mandate as per Sec.9A does not apply. Hence, if the management changes the notice period from 60 days to 90 days, in my opinion, I dont think anything can be done. The best way is to request the Management / HR to consider some leniency and get relieved bit earlier by telling some genuine reasons.
Regards,
From India, Madras
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