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M (team lead)     14 April 2011

Informing the change in Notice period through e-mail legal?

Is any company legally allowed to informs its employees though e-mail that their notice period is changed from 1 month to 2 months? Is it bindable to the employees to adhere to change in policy informed through e-mail?
(What if someone claims that he/she hasn't read/ not received the email hence not bindable for him/her?)

Thank you



Learning

 8 Replies

Kumar Doab (FIN)     14 April 2011

You shall receive an email if your email addres is written in the addres line of email.

If you read email, intranet, internet, of the company may have the option of read and receipt, and sender would have a message of confirmation by email.

If you do not agree to any change/updation/adittion/deletion in the term of contract of employemnt, or manner of communication,you should always respond/reject in writing, and obtain acknowledgment for your record.

You can respond by email

or

by a letter addressed to the appointing authority or sender, and obtain acknowledgment under seal and signature from the desk where all mails and letters of the company are received.It is believed  you know this and obtain a copy.

Companies increase  the notice period, when they do not want to loose employees to the competition,deter the employees and check attrition and retain headcount, and decrease the notice period, when they have tested most of the employees and have decided to replace or have  decided to reduce the headcount and resort to terminations if required.

Don't resort to excuses which shall have no acceptance, rather be smart.

Business climate has changed, and compaies do not marry employees, and employees do not marry companies. Be a good professional,human being, gentle and keep moving.

M (team lead)     14 April 2011

Thanks Kumar.

What I understand from your reply is that, employee has to send a acceptance mail. Otherwaise it holds not legal value, correct?

Kumar Doab (FIN)     14 April 2011

In your appointment letter, company might have written terms and conditions informed to you from time to time shall be applicable to you.

So even if you do not send acceptance, they shall maintain it is applicable to you.

In the changing business climate HR is structuring language of the contract of employment to suit them.

You may better get your appointment letter examined by your service lawyer.

Praveen k.s (Manager HR)     15 April 2011

What is going to happen when a person is in notice period and the mean time management changes notice period  from 1 month to 2 months ? Whether that person also follow the same rules or not ?

Rahul Kumar (Asst. Manager - HR)     15 April 2011

In this case, the person will be follow the rule which was at the time of serving the notice..

Om Prakash Dhusia (HR assistant)     28 April 2011

Mr M the team lead.As rightly suggested, if you have an email account and the message has been sent on your email address, no confirmation is required.

By the way if you can show that the mail which was sent by the department has been bounced then you have the point that no information was accorded to you otherwise sorry.

It is a legal proceess of exchanging informations acceptable by the apex court of India.

Regards.

Kirti Kar Tripathi (lawyer)     28 April 2011

VAlidity of a bond or contract depends on consent of all the parties in bond or contract. any condition of such bond can not be unilaterly ament, changed or revoked. THus keeping in view of this basic principle, unilaterly change in notice period in the bond is illegal but in case the emplyer makes any proposal for change of such condition from its employee through E.Mail and the same is accepted. the said change is valid.

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Kumar Doab (FIN)     28 April 2011

Learned Mr. Tripathi has made the matter crystal clear, and has enriched the forum with his valuable advice and knowledge.

M Team Lead: The intranet or internet thru which you have received the email may have read and receipt option. It is not advisable to feign ignorance.

If you wish you may not accept the changes and inform the sender accordingly.

Tread carefully. Be gentle, smart. It is almost certain that you shall have to face sessions with your reporting authority and HR. By your work, position, and contributions you may be indispensable, but still be careful.

If you feel that a situation may arise, you may note if any employee has resigned or terminated what the notice pay was imposed, 1 or 2 months and obtain records.

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