madhukar007
Question
hello,
I am working in one medium size (around 400 employees) IT based company in Pune, Maharashtra as software engineer. When I joined one year before I have been told to give one month notice period (or one month salary I have to forfeit) which I was agreed and same is also written in the appointment letter. After one year, company's HR manager has modified the company “policy” and now he is asking for three months notice period (which is totally unethical for me at least) or otherwise they will ask for three months salary. With that they also have right not to give any relieving letter & experience letter in case if any buddy give lesser than three months notice. Please note that I have not signed this policy. I do have signed previous policy document which say one month notice period. Please also note that I have not signed any bond with my current company.
Considering that no company in India can wait for three months, HR manager have actually trapped all employees of the company and leaving all opportunity for proper termination if any employee wants to leave this company.
So I have few questions:
1. Is any company in India can legally change their company policy relating to notice period and increase notice period to any thing? There is no authority in India with keep track of these companies which trapped their employees in this kind of illegal policies?
2. Do will I bind with this notice period when I have not signed the three month notice period document?
3. Do I need to give one month notice (per my appointment letter)? Or I have to bind with company policy and I will have to give three months notice?
4. If I give 15 days notice, how much amount company will entitled to deduct from my salary?
5. I am aware of that if I give one month notice; they will ask for three months salary from me, with that they will also not give me any relieving letter and experience letter. What should be proper approach to handling this situation?
6. Do you think it is good idea to tender my resignation through any labor lawyer so that I will get all documents from my company?
Please also suggest me if there is any good service lawyer in Pune from whom I can get legal advice and service.
I am really sorry about asking too much questions to you.
Thank you very much

From India
Jayeshm
1

It all depends on the Company Policy. But would be applicable for people who puts in their papers after the policy change was made. I guess irrespective of what is printed on your appointment letter, you will need to abide by the policy change.
From India, Bangalore
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