Hi,
After Completing Bond of 2 years the company Not relieving and not accepting the Resignation . Instead added new rules before 3 month of completing 2 yrs that if any member of respected dept applies for resignation then second members has to give resignation after two month of first resigned members. that means third member has to wait for 6 month. Please help
From India, Mumbai
After Completing Bond of 2 years the company Not relieving and not accepting the Resignation . Instead added new rules before 3 month of completing 2 yrs that if any member of respected dept applies for resignation then second members has to give resignation after two month of first resigned members. that means third member has to wait for 6 month. Please help
From India, Mumbai
You seem to be covered under Bombay Shops and establishment Act since you appear to be working in Mumbai. Since you are doing job, presumably as covered under definition of 'workman' as defined under ID Act, you are covered under Model Standing orders by virtue of section 38-B of the said Bombay Act. Under order 13 of the model standing orders a workman should give one month's notice only for quitting and any rule of the company contrary to it is void. You may approach the inspector under the said Bombay Act or get obtained information under RTI from the PIO of the authorities under the Bombay Act about the rules prevalent in the company and particularly with regard to the notice period of resignation by an employee ask the question whether is it not contrary to order 13 of the model standing orders and what action is taken by the company by violating the said order.
Thanks
Sushil
From India, New Delhi
221Thanks
Sushil
From India, New Delhi
First, there is a question of whether the. One is valid in the first place.
Then, even if the bond is valid, the terms can not be changed unless both parties agree in writing. I assume you did not do so.
So in absence of your approval, the revised rules do not apply.
You are free to leave with standard notice any time you wish.
From India, Mumbai
Then, even if the bond is valid, the terms can not be changed unless both parties agree in writing. I assume you did not do so.
So in absence of your approval, the revised rules do not apply.
You are free to leave with standard notice any time you wish.
From India, Mumbai
Wish that lion could be self tamed through such good piece of advise. But regret is that lions want to govern through self written commands despite Birbal sort of Mantris are available in his regime.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Politely bring it to the notice of your management that you have completed terms and conditions as specified during joining time.You are bound by those terms.
Management cannot introduce such changes at subsequent date.
Please press ahead with resignation if you are determined to leave.
From India, Pune
Management cannot introduce such changes at subsequent date.
Please press ahead with resignation if you are determined to leave.
From India, Pune
I can not follow the story of Lions, Birbal and mantris, and that is why I am also trying to give my piece of advice. Making changes in the bond (whether just after it is made or just before the same expires) involves making changes in service conditions which can only be made after serving notice under section 9A of the Industrial Disputes Act. I am sure, a company which will change the clauses of contract of employment should not have given 9A notice and therefore, the change has n legal validity.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
If every employer would have followed the requisite statutory rules etc there would not have arisen the chaotic situations as pointed out in various queries. Lion is attributed to an employer who exercises his thumb rule despite intelligent team of HR and legal department or Advocates are available at his command to advice him on minute issues. Further if model standing orders are governing him then as said above such notice period as queriest has said will be void being contrary to those. Section 9A notice would have been required only when the conditions of service were legally valid.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Model Standing Orders have validity till a certified standing orders is in force and every establishment to whom the Act becomes applicable for the first time is expected to get standing orders certified within six months. I strongly believe that changing the notice period or the order in which employees should resign (it seems to be a wonderful clause !) constitutes change in service conditions which require notice u/s 9A.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
By virtue of section 40-A of BIR Act model standing orders apply if they are not less advantageous than what is provided in the Standing orders. See Raymond v Praful decided in 2010 by the Bombay HC. The rule framed by the employer pertaining to notice period or order of resignation is void and of no effect ab initio being contrary to model standing orders since applicable to the establishment. If these have no sanctity in the eyes of law then there is no requirement of section 9A ID Act notice as the provisions of model standing orders prevailed the scenario with regard to notice period and any enhancement of notice period for giving resignation or changing order of resignation which virtually amounts to increasing notice period, are accordingly void. Pl. see above Raymond case.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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