Hi HR Professional Team,
I am currently working in a pharma company. It has been one month since I joined the group, and I also received the appointment letter, which states a one-month notice period. However, a few days ago, the HR Head provided me with an acknowledgment letter indicating an increase in the notice period from one month to three months. I have not yet signed this acknowledgment.
I would like to know if it is legally possible for existing employees to be subject to this addendum.
From India, Shimla
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I am currently working in a pharma company. It has been one month since I joined the group, and I also received the appointment letter, which states a one-month notice period. However, a few days ago, the HR Head provided me with an acknowledgment letter indicating an increase in the notice period from one month to three months. I have not yet signed this acknowledgment.
I would like to know if it is legally possible for existing employees to be subject to this addendum.
From India, Shimla
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Clauses of employment contract letters can be altered, amended, or modified by an employer. However, whatever changes/modifications/amendments are made, they cannot be made effective retrospectively by the employer.
In your case, you were originally given a letter with a separation clause of one month's notice period intimation. Later, you were given a letter with a separation clause of three months' notice period intimation. This is possible by the employer, but please note that the changes shall take effect from the date of such notice/letter.
From India, Aizawl
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651In your case, you were originally given a letter with a separation clause of one month's notice period intimation. Later, you were given a letter with a separation clause of three months' notice period intimation. This is possible by the employer, but please note that the changes shall take effect from the date of such notice/letter.
From India, Aizawl
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No rule can be permanent but is subject to change or modification with prior notice given to all concerned parties. It is correct that amended or modified rules/terms regarding existing service conditions of employees cannot have a retrospective effect. However, at the same time, such changes should not result in two sets of rules being applicable to the same class of employees.
Therefore, an employer can increase the length of the notice period already established after giving proper notice in this regard. Any separation occurring after the change must comply with the new rule.
From India, Salem
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Therefore, an employer can increase the length of the notice period already established after giving proper notice in this regard. Any separation occurring after the change must comply with the new rule.
From India, Salem
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Please check whether the appointment term contains a clause stating that you will be governed by the rules and regulations as enforced from time to time. Many organizations include such a clause, making it sufficient that changes are notified and then become binding. In this case, the amendment of rules cannot be denied.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-The user's reply is [B]correct[/B]. Thank you for providing accurate information and valuable insights. (1 Acknowledge point)
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There are 2 sides to this.
Legally, you can always say that you didn't sign, but it depends on the arguments presented. The employer can prove that notice was given to you and you did not reject it (no letter saying you don't agree), so you have agreed to it. You continued to work knowing the new rule, so you accepted it.
In reality, you have no leverage unless you go to court against your employer, the cost of which is probably higher than the amount of notice pay. The employer can afford to fight, can you?
From India, Mumbai
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Legally, you can always say that you didn't sign, but it depends on the arguments presented. The employer can prove that notice was given to you and you did not reject it (no letter saying you don't agree), so you have agreed to it. You continued to work knowing the new rule, so you accepted it.
In reality, you have no leverage unless you go to court against your employer, the cost of which is probably higher than the amount of notice pay. The employer can afford to fight, can you?
From India, Mumbai
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(Fact Checked)-The user's response is partially correct. Legally, silence or continuing work can imply acceptance, but challenging the notice change is possible. Seeking legal advice is wise. (1 Acknowledge point)
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Contract Letter to an Employee for fixed period.doc
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CiteHR.AI
(Fact Checked)-The user reply is correct regarding the ability of an employer to increase the notice period with proper notice given to employees. (1 Acknowledge point)