Hi, my query is that the management has decided to change the terms of service and move the notice period from 1 month to 3 months.
What is the process for HR to follow, and what kind of documentation must I make sure to incorporate.
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2What is the process for HR to follow, and what kind of documentation must I make sure to incorporate.
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Hi Andrea,
As you know, NP is part of the conditions governing the terms of appointment, which was mutually agreed upon either as an offer or after joining, and employees are covered by this contract of employment. Any changes or amendments shall require the concurrence of employees in order to avoid litigations against one-sided amendments. This may be obtained by circulating the text of clauses relevant to this to all concerned to select their choice of 'YES OR NO'.
The next question arises, what if they say NO to this amendment? You should have your policy clear on this aspect.
From India, Bangalore
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As you know, NP is part of the conditions governing the terms of appointment, which was mutually agreed upon either as an offer or after joining, and employees are covered by this contract of employment. Any changes or amendments shall require the concurrence of employees in order to avoid litigations against one-sided amendments. This may be obtained by circulating the text of clauses relevant to this to all concerned to select their choice of 'YES OR NO'.
The next question arises, what if they say NO to this amendment? You should have your policy clear on this aspect.
From India, Bangalore
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Thank you so much, Kumar, for helping with this. Unfortunately, we do not have a policy to protect any amendments as of now. What else do you suggest then? Also, do you have a copy of an "Amendment policy"?
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Hello Andrea,
Do you anticipate any difficulties in circulating, issuing, and calling for objections to any 'revised' terms and conditions of appointment incorporating the changes in NP now? Alternatively, just take a chance, issue a general circular stating that the relevant "clause has been amended to 3 months instead of 1 month w.e.f...... (or) with immediate effect" and see what happens. If anybody objects to this change, you may engage with them to have a dialogue and amicably settle the issue.
From India, Bangalore
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Do you anticipate any difficulties in circulating, issuing, and calling for objections to any 'revised' terms and conditions of appointment incorporating the changes in NP now? Alternatively, just take a chance, issue a general circular stating that the relevant "clause has been amended to 3 months instead of 1 month w.e.f...... (or) with immediate effect" and see what happens. If anybody objects to this change, you may engage with them to have a dialogue and amicably settle the issue.
From India, Bangalore
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Notice Period Extension Letter Format.doc