You can only make the fresh condition applicable on the recruitment made after the new conditions is announced on the new employees only. To retain the old employees, introduce the incentive schemes.
Please refer to post #7. You have to go by law. The Employees are not the slaves or bonded labour. Even bonded labour is unlawful.
From India, Chandigarh
51Please refer to post #7. You have to go by law. The Employees are not the slaves or bonded labour. Even bonded labour is unlawful.
From India, Chandigarh
The 30 day notice period is not the problem so increasing it is not the solution.
Even worse, if applicants learn of the 60/90 day notice period there will be fewer applicants to hire.
Applicants will know that the employer is trying to make new hires pay for the employer's hiring and managing mistakes and why should applicants risk getting stuck working for such an employer?
US employees generally give a two week notice or longer depending on the employer's policy of how much is paid when employees are laid off.
Excessive employee turnover is a management problem that must be fixed by changing what the managers do not by imposing new penalties on employees.
From United States, Chelsea
Even worse, if applicants learn of the 60/90 day notice period there will be fewer applicants to hire.
Applicants will know that the employer is trying to make new hires pay for the employer's hiring and managing mistakes and why should applicants risk getting stuck working for such an employer?
US employees generally give a two week notice or longer depending on the employer's policy of how much is paid when employees are laid off.
Excessive employee turnover is a management problem that must be fixed by changing what the managers do not by imposing new penalties on employees.
From United States, Chelsea
Mr. Raj
I have gone through the discussions. First of all if you are covered under the Industrial Disputes Act, 1947,legally you cannot change a condition of service without complying with the provisions under Sec. 9 A 0f the Industrial Disputes Act, 1947, or if a dispute is pending before an authority under the Act ignoring the provisions under Sec. 33 which prohibits/regulates change of conditions of service during pendency of an industrial dispute.
It is advisable to get it included in a tripartite settlement or a bipartite agreement at the time of such settlement/agreement being signed.
One cannot be complacent calling it an internal management policy as it has serious legal consequences. Moreover it is a double edged weapon as you have to give notice or pay for notice of equal period when necessity of termination arises. Resignation is only the counterpart of discharge sipleciter (innocuous termination).
In case you are in a hurry concerning attrition you can do so
following the provisions of law.
In fine, advice without specific knowledge of the case tends to result in vagueness which may jeopardize one's interest.
Dr. Trinath Dash
From India, Sambalpur
I have gone through the discussions. First of all if you are covered under the Industrial Disputes Act, 1947,legally you cannot change a condition of service without complying with the provisions under Sec. 9 A 0f the Industrial Disputes Act, 1947, or if a dispute is pending before an authority under the Act ignoring the provisions under Sec. 33 which prohibits/regulates change of conditions of service during pendency of an industrial dispute.
It is advisable to get it included in a tripartite settlement or a bipartite agreement at the time of such settlement/agreement being signed.
One cannot be complacent calling it an internal management policy as it has serious legal consequences. Moreover it is a double edged weapon as you have to give notice or pay for notice of equal period when necessity of termination arises. Resignation is only the counterpart of discharge sipleciter (innocuous termination).
In case you are in a hurry concerning attrition you can do so
following the provisions of law.
In fine, advice without specific knowledge of the case tends to result in vagueness which may jeopardize one's interest.
Dr. Trinath Dash
From India, Sambalpur
Hi all thanks alot for sharing your views, specially Mr.Bhaskar & Mr. Bhanot, i would like to know that if i change the notice period only for Manager and above grade in that case do i have to follow the same procedure as labour law. or it is not required.
Raj
From India
Raj
From India
Hi,
The purpose of serving the notice period by the employee is to handover the job to the newly recruited / assigned person, also its the time for the employer / HR to find / replace the position with the right person to take over the job.
Employee who ever resign the job, is always virus to the existing systems, it will spread to all the employees, he will lose the interest of working and he will start giving trouble to others. its been always best to exit him in 30 days.
if you extend to 60 or 90 days, its been difficult for the employee to stay for longer period hence he has to takeup the new assigment. so the employee will choose the alternate option to exit by paying the one / two month basic amount by DD. again it will difficult for the HR person to give replacement in short notice.
Also thers is lot challenges involved in changing this in the standing orders. Pl take your mgmt / superior inputs before act on it.
All the best!
Cheers...!
Regards
Jeyya Shanker
From India, Davangere
The purpose of serving the notice period by the employee is to handover the job to the newly recruited / assigned person, also its the time for the employer / HR to find / replace the position with the right person to take over the job.
Employee who ever resign the job, is always virus to the existing systems, it will spread to all the employees, he will lose the interest of working and he will start giving trouble to others. its been always best to exit him in 30 days.
if you extend to 60 or 90 days, its been difficult for the employee to stay for longer period hence he has to takeup the new assigment. so the employee will choose the alternate option to exit by paying the one / two month basic amount by DD. again it will difficult for the HR person to give replacement in short notice.
Also thers is lot challenges involved in changing this in the standing orders. Pl take your mgmt / superior inputs before act on it.
All the best!
Cheers...!
Regards
Jeyya Shanker
From India, Davangere
Managers who are out of the ambit of the Labour Laws can be negotiated with to agree to new conditions. But again for the existing Managers, you have to throw a incentive package.
But it is unlikely that they will agree to such a wild Change.
From India, Chandigarh
But it is unlikely that they will agree to such a wild Change.
From India, Chandigarh
I totally agree with smbhappy and disagree with all other suggestions contrary to it.
Regardless of the procedure, even a change to the Standing Order without appropriate consultation and agreement from employees is illegal...
It is a shame that all that us managers could think of is arm twisting the employees to retain them. How many of us are willing to release an offer letter and allow them to join us after 3 months? Is that not a reasonable ask if we expect them to serve a 3 month notice? After all the employee needs to get a job, then resign and serve his notice before taking up a job at another company....
As was rightly pointed out, there are plenty of ways to solve this attrition problem but coercion is NOT one of them.
From India, Hyderabad
Regardless of the procedure, even a change to the Standing Order without appropriate consultation and agreement from employees is illegal...
It is a shame that all that us managers could think of is arm twisting the employees to retain them. How many of us are willing to release an offer letter and allow them to join us after 3 months? Is that not a reasonable ask if we expect them to serve a 3 month notice? After all the employee needs to get a job, then resign and serve his notice before taking up a job at another company....
As was rightly pointed out, there are plenty of ways to solve this attrition problem but coercion is NOT one of them.
From India, Hyderabad
You can only make the fresh condition applicable on the recruitment made after the new conditions is announced on the new employees only. To retain the old employees, introduce the incentive schemes.
Please refer to post #7. You have to go by law. The Employees are not the slaves or bonded labour. Even bonded labour is unlawful.
__________________
Thanks and Regards
Surendera M. Bhanot
See, if we talk about retention, how many of such employees serve even one month's notice even if one introduces incentive schemes? I know a company in which they make all new entrants (existing employees also) enter into a service agreement to serve the company for 2/3 years for RETENTION point of view and in case of breach, there is a provision to pay/realise Liquidity Damage to the company/from the employee concerned. Even after serving the agreed period the employee needs to give/serve two months notice. The company also gives six monthly incentives attached to performance in addition to other retention policies. However, the company faced lot of attrition among the people who were under such service agreement and left even without serving a single day's notice, once his salary is credited to his account. The company also prepared and announced its Exit policy with penalty / legal consequences in case of breach, still the people who wanted to move out, has been doing so without bothering such conditions / incentive schemes / retention policies/ exit policy etc. What I was trying to convey is that provisions for notice period of 30 days or extension thereof for 60/90days would serve only as a psychological pressure tactics to a fewer lot and one can not hold back the people who belongs to 'race horse' category even if you put them under hectic incentive schemes.
Thanks,
From India, Jaipur
Please refer to post #7. You have to go by law. The Employees are not the slaves or bonded labour. Even bonded labour is unlawful.
__________________
Thanks and Regards
Surendera M. Bhanot
See, if we talk about retention, how many of such employees serve even one month's notice even if one introduces incentive schemes? I know a company in which they make all new entrants (existing employees also) enter into a service agreement to serve the company for 2/3 years for RETENTION point of view and in case of breach, there is a provision to pay/realise Liquidity Damage to the company/from the employee concerned. Even after serving the agreed period the employee needs to give/serve two months notice. The company also gives six monthly incentives attached to performance in addition to other retention policies. However, the company faced lot of attrition among the people who were under such service agreement and left even without serving a single day's notice, once his salary is credited to his account. The company also prepared and announced its Exit policy with penalty / legal consequences in case of breach, still the people who wanted to move out, has been doing so without bothering such conditions / incentive schemes / retention policies/ exit policy etc. What I was trying to convey is that provisions for notice period of 30 days or extension thereof for 60/90days would serve only as a psychological pressure tactics to a fewer lot and one can not hold back the people who belongs to 'race horse' category even if you put them under hectic incentive schemes.
Thanks,
From India, Jaipur
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