Dear Seniors,
I have resigned from my service and as per my offer letter and appointment letter the notice period was 1 month. When I talk to my boss regarding this he says the notice period changed to 60 days and the mail regarding that was distributed 2 days before. I checked with a couple of other collegues and no one received such mail. My question is whether a company can make a change from 30 days notice period to 60 days immediately? I have to join next company in 30 days time. If I leave in 30 days I have to pay back one month salary to the company. Please advice.
Thanks,
From India, Thiruvananthapuram
I have resigned from my service and as per my offer letter and appointment letter the notice period was 1 month. When I talk to my boss regarding this he says the notice period changed to 60 days and the mail regarding that was distributed 2 days before. I checked with a couple of other collegues and no one received such mail. My question is whether a company can make a change from 30 days notice period to 60 days immediately? I have to join next company in 30 days time. If I leave in 30 days I have to pay back one month salary to the company. Please advice.
Thanks,
From India, Thiruvananthapuram
No company can do this.Talk with you boss politely.
He got forgot he is a private employee,not an IAS officer :)
Best solution you just serve your notice period.If you have your acceptance of resignation letter,even Supreme court of India can't force you serve for 60 days.
And at last there can be a problem of releaving letter,then you can ask consumer court,even a small application would do it,no charge at all.Google it.
Don't wory relax...
From India, Ghaziabad
15He got forgot he is a private employee,not an IAS officer :)
Best solution you just serve your notice period.If you have your acceptance of resignation letter,even Supreme court of India can't force you serve for 60 days.
And at last there can be a problem of releaving letter,then you can ask consumer court,even a small application would do it,no charge at all.Google it.
Don't wory relax...
From India, Ghaziabad
This is not an industrial age,this is information age.
Your boss is going to suffered a lot if he is so stupid.
You can write to direct higher authorites,VP or CEO..If still problem then you can take help of Indian Labor laws..:)
From India, Ghaziabad
Your boss is going to suffered a lot if he is so stupid.
You can write to direct higher authorites,VP or CEO..If still problem then you can take help of Indian Labor laws..:)
From India, Ghaziabad
Thanks a lot for the support. Your replays gives me more confident.
Kindly let me know the below points:
Whether the company have the right to change a clause in appointment letter(regarding notice period) without the mutual consent from the employee?
Because now a mail has come stating that with effect from 10th june employee have to serve 60 days notice period. The mail send on 8th june but no one received the mail because of the technical failure.
Can a company make amendment like this? kindly advice.
Law experts, please let me know if any section in labour law says the matter
Thanks,
From India, Thiruvananthapuram
Kindly let me know the below points:
Whether the company have the right to change a clause in appointment letter(regarding notice period) without the mutual consent from the employee?
Because now a mail has come stating that with effect from 10th june employee have to serve 60 days notice period. The mail send on 8th june but no one received the mail because of the technical failure.
Can a company make amendment like this? kindly advice.
Law experts, please let me know if any section in labour law says the matter
Thanks,
From India, Thiruvananthapuram
Hello Sujit,
Notice period is mentioned in the employment contract. Notice period may be changed by the management but the employee needs to give his consent. As you are saying you have not signed for 60 days. This will be treated on the basis of natural justice.
I believe this will not stand valid as you have not received the e-mail and have not send them the acknowledge of acceptance. They might be doing because to harass you. Be polite and firm while discussing with HR personnel for the same.
Have you received your resignation acceptance letter that is enough to join new employer. Ask time to new employer to submit relieving and service letter.
I hope this may help you.
From India, Bhubaneswar
Notice period is mentioned in the employment contract. Notice period may be changed by the management but the employee needs to give his consent. As you are saying you have not signed for 60 days. This will be treated on the basis of natural justice.
I believe this will not stand valid as you have not received the e-mail and have not send them the acknowledge of acceptance. They might be doing because to harass you. Be polite and firm while discussing with HR personnel for the same.
Have you received your resignation acceptance letter that is enough to join new employer. Ask time to new employer to submit relieving and service letter.
I hope this may help you.
From India, Bhubaneswar
I presume that you resigned prior to 8th June. And hence inform your boss that this is not applicable to you since your resignation was effected based on the original appointment order and you were already serving the notice period. This can be enforced backdated. Are they going to recover salary for all those who resigned before you and left the company before. This can be made applicable only to those employees who are on rolls of the company on the day the circular was released and had not resigned before the circular was released. Secondly, in case any employee writes back stating that these terms are not applicable to him or not acceptable to him, then the original 30 days will sustain till it is mutually resolved.
So, don't worry. Just leave at the end of 30 days and have your resignation letter acknowledged. Even if it is not acknowledged, do not worry. At the closing hours of 30 days, write a mail to them stating that you have completed the 30 days notice period and have left the company as per the terms of the contract and to send you the full and final settlement. Send it from your personal id. Take a printout of it and keep it as prrof of your relieving.
They will state back that you have to serve the balance 30 days. Write back stating that the notice period is not applicable to you since you had already resigned before that came into effect.
All the best in your new job.
From Indonesia, Jakarta
So, don't worry. Just leave at the end of 30 days and have your resignation letter acknowledged. Even if it is not acknowledged, do not worry. At the closing hours of 30 days, write a mail to them stating that you have completed the 30 days notice period and have left the company as per the terms of the contract and to send you the full and final settlement. Send it from your personal id. Take a printout of it and keep it as prrof of your relieving.
They will state back that you have to serve the balance 30 days. Write back stating that the notice period is not applicable to you since you had already resigned before that came into effect.
All the best in your new job.
From Indonesia, Jakarta
Hi SUjith
As per id act of 1947, any changes in service conditions should have a minimum period of
21 days prior notice before making it effective. Moreover 60 days of notice period
Should be accepted btlu employee, in ur case since u have nt accepted thr new term, no need
To serve 60 days of notice as it is not legal
From India, Madras
As per id act of 1947, any changes in service conditions should have a minimum period of
21 days prior notice before making it effective. Moreover 60 days of notice period
Should be accepted btlu employee, in ur case since u have nt accepted thr new term, no need
To serve 60 days of notice as it is not legal
From India, Madras
Dear Sujith,
A contract in any part of the world, conditions cannot be forced on a party. There must be an acceptance of all parties involved and in your case you and the employer. Either party has the right to reject or accept a condition. Since you have not accepted the amendment to the contract I feel there is nothing to worry.The employer cannot force their terms on you.
You must submit your resignation in accordance with the terms of your current employement contract and refer resignation (termination of contract) clause in the resignation letter.
Ayalurv
From United Kingdom, Dagenham
A contract in any part of the world, conditions cannot be forced on a party. There must be an acceptance of all parties involved and in your case you and the employer. Either party has the right to reject or accept a condition. Since you have not accepted the amendment to the contract I feel there is nothing to worry.The employer cannot force their terms on you.
You must submit your resignation in accordance with the terms of your current employement contract and refer resignation (termination of contract) clause in the resignation letter.
Ayalurv
From United Kingdom, Dagenham
Your offer letter issued sometime back holds good. Whatever is stated there is only valid. The company cannot change as they like to their whims and fancies. They can do it for the future appointments and not you. even incase they want to change the clause they have to issue a letter conveying it and get your acceptance on it. You need not worry on this.Submit your resignation letter to the management giving a months notice period according to the letter of appointment.
From India, Madras
From India, Madras
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