Can someone please clarify below points
1. As per my appointment letter terms, the notice period is 60 days. After two years the management announced new exit policy and increased the notice period to 90 days from existing 60 days. We got only an email announcing this change. I/We didn't sign any documents accepting this change. What I think is the 90 days notice period applies to new hires who join after the announcement date, is it correct?
2. I resigned my current job by giving 60 days notice but management is not accepting 60 day notice instead I'm forced to give 90 day notice.
I came to know that our company will not recruit anyone for my position after i quit because the project is going to end soon, so I don't have to do KT even then management is not ready to relieve me before 90 days. I feel this is unfair.
3. I still have 18 earned leave in my account. As per our company leave policy, all my leaves will be at lost if i resign. Is it fair?
Please help me how to negotiate with my manager in this regard.
From India, Hyderabad
1. As per my appointment letter terms, the notice period is 60 days. After two years the management announced new exit policy and increased the notice period to 90 days from existing 60 days. We got only an email announcing this change. I/We didn't sign any documents accepting this change. What I think is the 90 days notice period applies to new hires who join after the announcement date, is it correct?
2. I resigned my current job by giving 60 days notice but management is not accepting 60 day notice instead I'm forced to give 90 day notice.
I came to know that our company will not recruit anyone for my position after i quit because the project is going to end soon, so I don't have to do KT even then management is not ready to relieve me before 90 days. I feel this is unfair.
3. I still have 18 earned leave in my account. As per our company leave policy, all my leaves will be at lost if i resign. Is it fair?
Please help me how to negotiate with my manager in this regard.
From India, Hyderabad
See the company can make any announcement it want but law will prevail above it. Now let us address each issue one by one :-
1) Increase Notice Period :- No it cannot. It is a material point in employment contract and cannot be amended. It can only be done, if in the original appointment letter it reserved a right to do so and has done it specifically and not generally. So announcement made post your appointment, does not cover you. There are some important points on the issue, see below in footnote.
2) Earned Leave :- Now in every Shops and Establishment Act, there is a provision for this. There is a fixed number of leave you are entitled to carry forward. So that number of leaves will become paid leave on resignation. So you can be compensated. See this https://shopsandestablishmentactsindia.quora.com/
From India, Kolkata
1801) Increase Notice Period :- No it cannot. It is a material point in employment contract and cannot be amended. It can only be done, if in the original appointment letter it reserved a right to do so and has done it specifically and not generally. So announcement made post your appointment, does not cover you. There are some important points on the issue, see below in footnote.
2) Earned Leave :- Now in every Shops and Establishment Act, there is a provision for this. There is a fixed number of leave you are entitled to carry forward. So that number of leaves will become paid leave on resignation. So you can be compensated. See this https://shopsandestablishmentactsindia.quora.com/
From India, Kolkata
Dear Annonymous,
if once the appointment letter has been accepted & duly signed by employee and employer is the agreement of service agreed by both employer and employee. further' No employer can revise the service agreement unless having consent of concern employee. in any circumstances if any exigency to revise the service agreement or need to change anything else which may effect the employees the employer have to serve Notice at least before 21 days to all the concern employees and amend thereof shall be subjected to employees consent. therefore legally you need to serve the notice of 2 month.
with regard to earned leave :- since you have credit EL on resignation the credit EL cannot be lost. the employer have to encased all the EL credit in your balance?
Thanks & Regards
V SHAKYA
HR & Labour, Corporate Laws Advisor
From India, Agra
if once the appointment letter has been accepted & duly signed by employee and employer is the agreement of service agreed by both employer and employee. further' No employer can revise the service agreement unless having consent of concern employee. in any circumstances if any exigency to revise the service agreement or need to change anything else which may effect the employees the employer have to serve Notice at least before 21 days to all the concern employees and amend thereof shall be subjected to employees consent. therefore legally you need to serve the notice of 2 month.
with regard to earned leave :- since you have credit EL on resignation the credit EL cannot be lost. the employer have to encased all the EL credit in your balance?
Thanks & Regards
V SHAKYA
HR & Labour, Corporate Laws Advisor
From India, Agra
Dear Experts,
I working in a Private Software Company since last two years.Now I got a new offer form another company. In Offer Letter of my Current Organisation was mentioned that Notice Period was three months and if I fail to survive the notice have to pay three months salary or part there off in lue. But later they have sent a mail stating that "Employee who has taken the salary Hike and wish to resign before one year have to serve three months notice and should pay one salary back". Now i have resigned and I said that i will serve one month notice and buy the remaining two months of my notice as per my offer letter. But my management is forcing me that i need to pay Five Months Salary even if i server on month Notice.
Kindly let me how to how to handle this situation.
Thanks and regards,
Vamsi Krishna
From India, Hyderabad
I working in a Private Software Company since last two years.Now I got a new offer form another company. In Offer Letter of my Current Organisation was mentioned that Notice Period was three months and if I fail to survive the notice have to pay three months salary or part there off in lue. But later they have sent a mail stating that "Employee who has taken the salary Hike and wish to resign before one year have to serve three months notice and should pay one salary back". Now i have resigned and I said that i will serve one month notice and buy the remaining two months of my notice as per my offer letter. But my management is forcing me that i need to pay Five Months Salary even if i server on month Notice.
Kindly let me how to how to handle this situation.
Thanks and regards,
Vamsi Krishna
From India, Hyderabad
@Labour Law Index, @V SHAKYA
Thanks for your quick response. My organisation is a private limited company. Is earned leave encashment applies to pvt ltd companies as well?
And since I don't have responsibilities like Knowledge Transfer and Documentation now, can I ask for early relieving legally?
Thanks,
Satish
From India, Hyderabad
Thanks for your quick response. My organisation is a private limited company. Is earned leave encashment applies to pvt ltd companies as well?
And since I don't have responsibilities like Knowledge Transfer and Documentation now, can I ask for early relieving legally?
Thanks,
Satish
From India, Hyderabad
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