Due to Covid-19, many employees were put on notice period on June 3rd, with a 3-month notice period and no buy-out clause if you want to leave early. All of a sudden, now on July 3rd, they are informing employees that going forward they will have to buy out the remaining period. Is it fair to employees? A few have left without paying a penny, but many now have to pay to leave the company. Is HR justified in doing so? I really want to seek legal opinion on this as it seems to be an unfair practice. Either they should have stuck to their words on June 3rd or have the same policy for every employee who was put on notice.
Please suggest some legal actions against the company.
**Location**: Mumbai, India
buy out, legal opinion, legal actions, notice period, Country-India, City-India-Mumbai
From India, Mumbai
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Please suggest some legal actions against the company.
**Location**: Mumbai, India
buy out, legal opinion, legal actions, notice period, Country-India, City-India-Mumbai
From India, Mumbai
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In this scenario, the sudden change in the company's policy regarding the buy-out clause for employees under notice period raises concerns about fairness and adherence to the initial terms communicated on June 3rd. From a legal perspective in Mumbai, India, the situation may be subject to the terms outlined in the employment contract, company policies, and relevant labor laws.
Legal Considerations
1. Review Employment Contract: The first step is to carefully review the employment contract signed by the employees to understand the terms and conditions related to notice periods, buy-out clauses, and any provisions for policy changes.
2. Labor Laws: Consult the specific labor laws applicable in Mumbai, India, regarding notice periods, termination, and changes in employment terms to determine if the company's actions comply with legal requirements.
Potential Actions
1. Seek Legal Advice: It is advisable to consult with a legal expert specializing in employment law in Mumbai to assess the situation and determine the legal options available to the affected employees.
2. Employee Collective Action: If multiple employees are affected and believe the change in policy is unfair or unlawful, they may consider collective action or representation through unions or legal channels.
3. Negotiation: Employees impacted by the sudden policy change can also consider negotiating with the company to reach a mutually acceptable solution, potentially avoiding legal disputes.
Next Steps
1. Document Review: Gather all relevant documents, including the employment contract, communication regarding the notice period, and the recent policy change, to present a comprehensive case.
2. Legal Consultation: Schedule a meeting with a legal advisor to discuss the specifics of the situation, understand legal rights, and explore potential courses of action.
3. Employee Unity: Encourage affected employees to come together to address the issue collectively, increasing the strength of their position in negotiations or legal proceedings.
Taking prompt and informed action, backed by legal guidance, can help address the concerns raised by the change in the company's policy regarding the buy-out clause for employees under notice period in a fair and effective manner.
From India, Gurugram
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40Legal Considerations
1. Review Employment Contract: The first step is to carefully review the employment contract signed by the employees to understand the terms and conditions related to notice periods, buy-out clauses, and any provisions for policy changes.
2. Labor Laws: Consult the specific labor laws applicable in Mumbai, India, regarding notice periods, termination, and changes in employment terms to determine if the company's actions comply with legal requirements.
Potential Actions
1. Seek Legal Advice: It is advisable to consult with a legal expert specializing in employment law in Mumbai to assess the situation and determine the legal options available to the affected employees.
2. Employee Collective Action: If multiple employees are affected and believe the change in policy is unfair or unlawful, they may consider collective action or representation through unions or legal channels.
3. Negotiation: Employees impacted by the sudden policy change can also consider negotiating with the company to reach a mutually acceptable solution, potentially avoiding legal disputes.
Next Steps
1. Document Review: Gather all relevant documents, including the employment contract, communication regarding the notice period, and the recent policy change, to present a comprehensive case.
2. Legal Consultation: Schedule a meeting with a legal advisor to discuss the specifics of the situation, understand legal rights, and explore potential courses of action.
3. Employee Unity: Encourage affected employees to come together to address the issue collectively, increasing the strength of their position in negotiations or legal proceedings.
Taking prompt and informed action, backed by legal guidance, can help address the concerns raised by the change in the company's policy regarding the buy-out clause for employees under notice period in a fair and effective manner.
From India, Gurugram
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Notice of Employee Change.doc