Dear All,
I am currently working in a company - X. So when join that company in offer letter they clearly mentioned notice period as 30 days.
But now they are asking me to serve for 60 days (In between I didn't receive any updates regarding notice period extension). But in my new company they wants me in 30 days there.
Could anyone help me on this issue its quite urgent and I am in the situation of losing my new company offer.
Thanks,
Kryfendoz
From India, Bangalore
1I am currently working in a company - X. So when join that company in offer letter they clearly mentioned notice period as 30 days.
But now they are asking me to serve for 60 days (In between I didn't receive any updates regarding notice period extension). But in my new company they wants me in 30 days there.
Could anyone help me on this issue its quite urgent and I am in the situation of losing my new company offer.
Thanks,
Kryfendoz
From India, Bangalore
The company reserves the right to change the HR policies from time to time. Ask for a interview with the Director and explain your position . Also bring along the original Appointment letter issued to your by the company. Human spirit is more important than written rules.
From India, Mumbai
From India, Mumbai
Dear Friend
If your offer letter or appointment letter says that you need to give one month notice or make payment in lieu of said notice in case of your resignation from company service, the same should also be governed even today. Generally, an employer can modify any existing standing orders / service rules and as such they can either enhance or reduce the period of notice also in case of termination of the services of their employees. But to do so, they require to follow prescribed procedure as was laid down under standing orders / service rules of the company and require to notify the same and get consent of union or employees if there is no union, before implementing such new term as proposed.
Without notifying the change of service conditions and obtaining consent of employee who will be effected by making such a change in their existing service conditions i.e change of notice period etc, which will cause detrimental to the interest of an employee is null and void and it could not be enforceable under law.
Hence, explain your case in details to HR dept of your present employer and tell them to relive you after completing one month notice as per your appointment letter, if you already given one month notice. If they refuse to relive you after one month, then tell the fact to your new employer and if they agree to take you without having relieving or service certificate from you existing company, you can join in the service of new company after the lapse of 30 days notice in your present company.
Regards
From India, Hyderabad
If your offer letter or appointment letter says that you need to give one month notice or make payment in lieu of said notice in case of your resignation from company service, the same should also be governed even today. Generally, an employer can modify any existing standing orders / service rules and as such they can either enhance or reduce the period of notice also in case of termination of the services of their employees. But to do so, they require to follow prescribed procedure as was laid down under standing orders / service rules of the company and require to notify the same and get consent of union or employees if there is no union, before implementing such new term as proposed.
Without notifying the change of service conditions and obtaining consent of employee who will be effected by making such a change in their existing service conditions i.e change of notice period etc, which will cause detrimental to the interest of an employee is null and void and it could not be enforceable under law.
Hence, explain your case in details to HR dept of your present employer and tell them to relive you after completing one month notice as per your appointment letter, if you already given one month notice. If they refuse to relive you after one month, then tell the fact to your new employer and if they agree to take you without having relieving or service certificate from you existing company, you can join in the service of new company after the lapse of 30 days notice in your present company.
Regards
From India, Hyderabad
Dear Mr.NVRao
Thanks for your valuable comments, that is what I have planned to do. If my current company not relieve me in 30 days, I will relieve myself and explain this situation in detail to the new Company.
Anyhow I have all legal documents stating that I have only 30 days notice period.
Regards,
KryfendoZ
From India, Bangalore
Thanks for your valuable comments, that is what I have planned to do. If my current company not relieve me in 30 days, I will relieve myself and explain this situation in detail to the new Company.
Anyhow I have all legal documents stating that I have only 30 days notice period.
Regards,
KryfendoZ
From India, Bangalore
Dear, Represent to the inspector under Shops and Establishment Act to get implemented your relieving after 30 days.
From India, New Delhi
From India, New Delhi
This establishment shall be most probably covered by (Name of the state) Shops and Commercial Establishment Act that was enacted to govern the service conditions of employees in such establishments.....
Standing orders might also be applicable......and if not certified Model Standing Orders shall apply.
Standing orders are certified on the lines of Model Standing Orders....
These enactment being Act/instrument of law shall prevail upon any private agreement/policy drafted by employer and signed with employees eg. offer letter /appointment letter/HR policy.....and any service conditions that is inconsistent with such enactment shall not survive......
An able labor law consultantservice matters Lawyer may ask you a set of structured questions and may opine that you are covered by the enactments....
and notice period can not be more than 30 days...
From India, Chandigarh
Standing orders might also be applicable......and if not certified Model Standing Orders shall apply.
Standing orders are certified on the lines of Model Standing Orders....
These enactment being Act/instrument of law shall prevail upon any private agreement/policy drafted by employer and signed with employees eg. offer letter /appointment letter/HR policy.....and any service conditions that is inconsistent with such enactment shall not survive......
An able labor law consultantservice matters Lawyer may ask you a set of structured questions and may opine that you are covered by the enactments....
and notice period can not be more than 30 days...
From India, Chandigarh
You may find following thread and another thread mentioned in it as useful... https://www.citehr.com/513503-notice-period-duration-pg2.html
From India, Chandigarh
From India, Chandigarh
1. See the service rule of your company
2. Have you received copy of service rule.
3. If any amendment made in service rule, the HR should inform you.
4. First you have to talked to your employer directly. After that tell all the fact to new company.
Ajay Bisht
Manager HR
NABH Accredited hospital
From India, Delhi
2. Have you received copy of service rule.
3. If any amendment made in service rule, the HR should inform you.
4. First you have to talked to your employer directly. After that tell all the fact to new company.
Ajay Bisht
Manager HR
NABH Accredited hospital
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Notice period.jpg
Notice Period Extension Letter Format.doc