Hi to all
I am working with an MNC in Mumbai since last 04 months. In Appointment letter issued to me, the clause with respect to resignation/termination of an employee was 30 days notice period required to be given by either side.
Now the company has come up with a proposal that they want to reissue the Appointment letter with similar terms of services except that of resignation/termination clause. The company has proposed to 60 days notice period in case of termination/resignation of an employee.
My question is that, whether the companyy can legally do so?
If yes, whether the employees are having any remedy on this?
Thanks
Armaan
From India, Mumbai
5I am working with an MNC in Mumbai since last 04 months. In Appointment letter issued to me, the clause with respect to resignation/termination of an employee was 30 days notice period required to be given by either side.
Now the company has come up with a proposal that they want to reissue the Appointment letter with similar terms of services except that of resignation/termination clause. The company has proposed to 60 days notice period in case of termination/resignation of an employee.
My question is that, whether the companyy can legally do so?
If yes, whether the employees are having any remedy on this?
Thanks
Armaan
From India, Mumbai
Dear Armaan,
Company can introduce any term which is not unreasonable. Most of the companies today are having three months' notice period. That being the case, 60 days can not be termed as unreasonable.
Tragedy is that the companies which prescribe 60 days or 90 days notice period for leaving the company do not allow so many days for new joinees to join. that is where the controversy arises. If a company which likes to take a candidate agrees to wait for 60 to 90 days then he will certainly stay in his current employment for those many days. Else, he will be compelled to break the rule.
Now the question arises - what is the remedy.
Normally companies provide for "Salary in lieu of notice period". If that is provided then use it if you like to quit early. If not, no one can block your way of leaving the company as per your fundamental rights given by the Constitution of India. Only thing is you might have to face some legal battle.
Let me know if more details required.
Dattatri
Company Secretary
From India, Bangalore
Company can introduce any term which is not unreasonable. Most of the companies today are having three months' notice period. That being the case, 60 days can not be termed as unreasonable.
Tragedy is that the companies which prescribe 60 days or 90 days notice period for leaving the company do not allow so many days for new joinees to join. that is where the controversy arises. If a company which likes to take a candidate agrees to wait for 60 to 90 days then he will certainly stay in his current employment for those many days. Else, he will be compelled to break the rule.
Now the question arises - what is the remedy.
Normally companies provide for "Salary in lieu of notice period". If that is provided then use it if you like to quit early. If not, no one can block your way of leaving the company as per your fundamental rights given by the Constitution of India. Only thing is you might have to face some legal battle.
Let me know if more details required.
Dattatri
Company Secretary
From India, Bangalore
Hi Dattatri/Yeshulaparkash Thanks for ur suugestions..... But personally I find it unreasonable and amounts the misleading its employyes at the first step of their employment. Thanks Armaan
From India, Mumbai
From India, Mumbai
this amounts to "change in service conditions" and needs to be proceeded after due diligence measures hv been applied ie giving a notice to employees highlighting such a change in norms..
From India, Delhi
From India, Delhi
yes company can do that , it is sole discretion of the company to alter the condition of the Appointment letter. Regards Johnson
From India, Indore
From India, Indore
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