Dear Seniors,
A mere mail stating that your notice period is increased from 2 Months to 3 Months is enough or is it necessary to get consent from all the employees agreed to the terms.
if an employer has increased the notice peiod from 2 Months to 3 months and sent a mail , and if after that any employee resigns then wht is applicable to him,
Please revert back , i need your guidance
From India, Bangalore
A mere mail stating that your notice period is increased from 2 Months to 3 Months is enough or is it necessary to get consent from all the employees agreed to the terms.
if an employer has increased the notice peiod from 2 Months to 3 months and sent a mail , and if after that any employee resigns then wht is applicable to him,
Please revert back , i need your guidance
From India, Bangalore
Dear All,
Increase in Probation period, can be extended through his performance appraisal and extension of notice period should get is signed by each employee and a copy has to go to his personal file.
Regards,
Sreekumar.N
From India, Madras
Increase in Probation period, can be extended through his performance appraisal and extension of notice period should get is signed by each employee and a copy has to go to his personal file.
Regards,
Sreekumar.N
From India, Madras
Hello,
Please look at it this way!
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 it NOT empowered by the provisions of the said contract.
This situation can be superceded on by any applicable law on any given subject.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 law! Just remember that the law always provides the minimum on any subject.
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 disadvantage 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 in labour law because in most cases the aggreived employee may not be a "workman" under the Industrial Disputes Act 1947. The remedy will however will be at civil law, being an issue of breach of contract or 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" also.
Trust all are clear on the subject!
Regards
samvedan
July 11, 2010
-----------------
From India, Pune
315Please look at it this way!
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 it NOT empowered by the provisions of the said contract.
This situation can be superceded on 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 law! Just remember that the law always provides the minimum on any subject.
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 disadvantage 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 in labour law because in most cases the aggreived employee may not be a "workman" under the Industrial Disputes Act 1947. The remedy will however will be at civil law, being an issue of breach of contract or 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" also.
Trust all are clear on the subject!
Regards
samvedan
July 11, 2010
-----------------
From India, Pune
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
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
In my views, , if the employer is sending the mail of extending notice period term and the employees are working in the oprganisation after that without raising the voice, the same can be taken as a deemed acceptance of the modification of the terms of the employment..
And anyone who raises the voice can be handled seperately be HR by signing the revioded notice period and if the employee still refuses, company has the right to ask him/her to go from the company by giving the earlier notice period/salaryu in lieu thereof.
In nutsheel, there is no remedey and the employer is the king.
And anyone who raises the voice can be handled seperately be HR by signing the revioded notice period and if the employee still refuses, company has the right to ask him/her to go from the company by giving the earlier notice period/salaryu in lieu thereof.
In nutsheel, there is no remedey and the employer is the king.
Thank you Rajan...........
The thing is they have issued a letter stating the increase in notice period to three months and have not given provision for the return consent of the employees.
I need the clarification to suggest management for the same which i got from all you memebers
From India, Bangalore
The thing is they have issued a letter stating the increase in notice period to three months and have not given provision for the return consent of the employees.
I need the clarification to suggest management for the same which i got from all you memebers
From India, Bangalore
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