Notice period for off role employee
Iqbal
(Querist) 25 August 2015
This query is : Resolved
Hello Everyone,
I need your advice on the on notice period for off role employees. When i joined the organisation my notice period was 30 days as per my employment contract. But after completion of two years they are changing it to 60 days. Is this as per labour law Act or whether i should accept this condition.
Give me some act reference while replying and also advice me.
Regards
Iqbal
9999066277
Kumar Doab
(Expert) 25 August 2015
Notice period/pay is part of service conditions that shall be governed by various enactments applicable to establishment/employer/employee...................and these shall prevail upon any private agreement drafted by employer and signed with employee e.g. appointment letter/corrigendum/HR policy/Employee handbook/Service Rules and regulations/contract of employment etc...................
The employer has to issue a notice for change.
It is discretion of employee to accept or reject in writing.If employee has declined to accept a illegal change in service conditions, then employee can not be terminated. However employee should record the evidence (audio/visual/minuted/witnessed).
If you are covered by such enactments then notice period can not be altered....................even if employer has issued a communication/notice for change.
In your case the your employer is the establishment that has issued the appointment order to you and not the establishment to which you have been seconded as off role employee.
Guest
(Expert) 25 August 2015
Conditions can be different for off-roll and on-roll employees.
Iqbal
(Querist) 25 August 2015
Dear Mr. Doab
First of all thanks to give a complete information
In our organisation 60 days notice period is for on role employee and the 30 days was for off role employee.
Nobody can forcefully asked us to accept that condition and i make my stand on the condition which i have accepted at the time of joining i.e. 30 days
Kumar Doab
(Expert) 25 August 2015
You have posted that;
>>> “When i joined the organisation..... .”
It is not sufficient information. Whenever you initiate a query you should post:
What is this establishment registered as: Commercial, Industrial?
The office /Div. where you are posted are registered as: Commercial, Industrial?
How many maximum persons are employed in it at any point of time, before and after you joined?
The Redg Office, Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, FnF policy that are mentioned in appointment letter and any document/webpage/portal that employee has kept in knowledge domain of employee?
What was your monthly salary?
Was any offer letter (after selection in interview), appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16, I.Card given to you?
What is the notice period inserted in appointment letter or any other policy ?
What is your designation and nature of duties? Did you have power (not just recommend) to sanction leave/increment/appoint/terminate? Can anyone cancel your recommendations?
Do you have record of attendance? Did you ever work for more than 8hrs /day and 48 hrs/week and was any OT paid? Did you claim OT?
Has the change been communicated to you in writing?
Have you declined to accept in writing?
Are you a member of any employees/trade unions?
If there is any statement (verbal) made that you shall be terminated if you don't accept the change record it (audio/visual/witnessed/minuted) and build evidence.
It is time to firm up another venture as well.
Rajendra K Goyal
(Expert) 25 August 2015
Consult local labor law consultant and discuss in detail in view of the guidance from the expert Kumar Doab.
