Hr Team,
In my appointment/offer letter my notice period was only 1 month which was i sign and accept.
After 1 year some unknown official mail id i got mail as project requirement your notice period would be 2 month .i was not accept it and it was just a formal mail.not given in any written format. I resign from my company and now hr told you have to stay for two month. Now please i need your valuable suggestions.
If someone say company has rights to change that means they can mail anything without my acceptance in written and i have to agree.
Please provide me solution
From India, Jaipur
In my appointment/offer letter my notice period was only 1 month which was i sign and accept.
After 1 year some unknown official mail id i got mail as project requirement your notice period would be 2 month .i was not accept it and it was just a formal mail.not given in any written format. I resign from my company and now hr told you have to stay for two month. Now please i need your valuable suggestions.
If someone say company has rights to change that means they can mail anything without my acceptance in written and i have to agree.
Please provide me solution
From India, Jaipur
ANK, non reply some times taken as acceptance, you should have reject said mail, keep this thing in your mind for future, however, in present case you can leave after serving one month notice.
22
Dear ANK.
No company can amend the service condition unless having consent of concern employees However if the employee is categorized as workman then company have serve the Notice u/s 9A of ID act. 1947 atleast before 21 days. since you have not given any acceptance in form of amendment in service agreement. Hence you are required to serve only one month Notice period as per the clause defined in your appointment letter which was agreed & duly signed by you.
Thanks & Regards
V SHAKYA
HR & Labour, Corporate Laws.Advisor
From India, Agra
No company can amend the service condition unless having consent of concern employees However if the employee is categorized as workman then company have serve the Notice u/s 9A of ID act. 1947 atleast before 21 days. since you have not given any acceptance in form of amendment in service agreement. Hence you are required to serve only one month Notice period as per the clause defined in your appointment letter which was agreed & duly signed by you.
Thanks & Regards
V SHAKYA
HR & Labour, Corporate Laws.Advisor
From India, Agra
Thank for reply
Vshakya sir what is it in your above reply *company have serve the Notice u/s 9A of ID act. 1947 atleast before 21 days.
If i left my job after complition of my 1 month notice period and left job if hr will not provide me experince letter and reliving letter because i have to join new company than what action i can take against him.
As i already mention that hr are force me to stay 2 month. While my notice period was only 1 month.
Thanks
Ank
From India, Jaipur
Vshakya sir what is it in your above reply *company have serve the Notice u/s 9A of ID act. 1947 atleast before 21 days.
If i left my job after complition of my 1 month notice period and left job if hr will not provide me experince letter and reliving letter because i have to join new company than what action i can take against him.
As i already mention that hr are force me to stay 2 month. While my notice period was only 1 month.
Thanks
Ank
From India, Jaipur
ANK,
You could have sent a negative reply to that communication about 2 months notice period. Nevertheless, a mere communication cannot be substitute for changing service conditions. Acceptance of change in terms by the employee is also important. It is not clear whether they revised your salary after this communication. However it would be appropriate to request the Management to allow you to complete one month notice period as per appointment letter provisions.
From India, Mumbai
You could have sent a negative reply to that communication about 2 months notice period. Nevertheless, a mere communication cannot be substitute for changing service conditions. Acceptance of change in terms by the employee is also important. It is not clear whether they revised your salary after this communication. However it would be appropriate to request the Management to allow you to complete one month notice period as per appointment letter provisions.
From India, Mumbai
Probation period is mentioned in appointment letter, it is term of service agreed by both.
If org wants to increase it from 1 to 2 month, it is a unilateral change of service condition. The Industrial Disputes Act, 1947 regulates changes as specified under Fourth Schedule. In other words if org wants to change service condition (probation period) for it should give 21 or more days prior notice to you.
But then again, if you are working in supervisory / managerial cadre The ID Act will not be applicable to you.
From India, Mumbai
If org wants to increase it from 1 to 2 month, it is a unilateral change of service condition. The Industrial Disputes Act, 1947 regulates changes as specified under Fourth Schedule. In other words if org wants to change service condition (probation period) for it should give 21 or more days prior notice to you.
But then again, if you are working in supervisory / managerial cadre The ID Act will not be applicable to you.
From India, Mumbai
Sir,
My compnay would not provide any written note or Somwthing like you mention The Industrial Disputes Act, 1947(form E section 9A)
They just mail me which was a formal mail that notice period would be 2 month.
So as you reply in above mail i think
That mail is not valid because it was a one side communications
From India, Jaipur
My compnay would not provide any written note or Somwthing like you mention The Industrial Disputes Act, 1947(form E section 9A)
They just mail me which was a formal mail that notice period would be 2 month.
So as you reply in above mail i think
That mail is not valid because it was a one side communications
From India, Jaipur
Mr ANK,
1. Has HR communicated to you in writing to serve two months notice period? Or is it verbal only?
2. When you got the mail, did you inquire as to who is this authority who has written the mail?
3. Did you respond to the mail increasing the notice period from one to two months?
4. Although unilaterally notice period can be changed and whatever company has done is illegal and will not be able to withstand the judicial scrutiny, but did you check the level of authority?
5. Who is the signing authority of appointment order?
6. If they force you in writing to serve notice for two months challenge it and send them a legal notice.
From India, Thane
1. Has HR communicated to you in writing to serve two months notice period? Or is it verbal only?
2. When you got the mail, did you inquire as to who is this authority who has written the mail?
3. Did you respond to the mail increasing the notice period from one to two months?
4. Although unilaterally notice period can be changed and whatever company has done is illegal and will not be able to withstand the judicial scrutiny, but did you check the level of authority?
5. Who is the signing authority of appointment order?
6. If they force you in writing to serve notice for two months challenge it and send them a legal notice.
From India, Thane
The content of mail can be as follows:
"Dear Sirs,
I have received (communication type) dated hh/dd mentioning that my probation period will be of two months. Clause no -- of appointment letter issued to me mentions that my probation period is of one month. When you say now that is will be now of two months, you have changed my condition of service.
As per section 9A of The Industrial Disputes Act, 1947 read with item 8 of The Fourth Schedule, employer can not change condition of service (my probation period) of an employee without giving prior notice of change.
Hence you are requested to withdraw (communication type) dated hh/dd mentioning that my probation period will be of two months as the same is not legally correct.
If you do not respond to this communication within 7 days it will be presumed that your disputed communication is null & void.
With regards
Name"
From India, Mumbai
"Dear Sirs,
I have received (communication type) dated hh/dd mentioning that my probation period will be of two months. Clause no -- of appointment letter issued to me mentions that my probation period is of one month. When you say now that is will be now of two months, you have changed my condition of service.
As per section 9A of The Industrial Disputes Act, 1947 read with item 8 of The Fourth Schedule, employer can not change condition of service (my probation period) of an employee without giving prior notice of change.
Hence you are requested to withdraw (communication type) dated hh/dd mentioning that my probation period will be of two months as the same is not legally correct.
If you do not respond to this communication within 7 days it will be presumed that your disputed communication is null & void.
With regards
Name"
From India, Mumbai
ANK,
ANK,
I am responding to your following query:-
If i left my job after complition of my 1 month notice period and left job if hr will not provide me experince letter and reliving letter because i have to join new company than what action i can take against him.
As i already mention that hr are force me to stay 2 month
Suggestion
Please make it a point to take acknowledgement for whatever you submit to them be it propery, or other submissions. Keep copies of this correspondence between you and Company including their latest advice for 2 months notice period etc .Obtain acknowledgement about receipt of your resignation in office or your superior. Using these, you can explain the position to your new employer so that he gets a fair idea of what has happened.
From India, Mumbai
ANK,
I am responding to your following query:-
If i left my job after complition of my 1 month notice period and left job if hr will not provide me experince letter and reliving letter because i have to join new company than what action i can take against him.
As i already mention that hr are force me to stay 2 month
Suggestion
Please make it a point to take acknowledgement for whatever you submit to them be it propery, or other submissions. Keep copies of this correspondence between you and Company including their latest advice for 2 months notice period etc .Obtain acknowledgement about receipt of your resignation in office or your superior. Using these, you can explain the position to your new employer so that he gets a fair idea of what has happened.
From India, Mumbai
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Personnel change notice.doc
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