2-3 month notice period

For govt. services there are fixed rules. For private enterprises , the contractual agreement is the yardstick but the period from both sides shall be uniform. the period may vary from position to position. the essence to your question lies in your contractual agreement. in the absence of any written agreement , if both the parties consent the e mail offer and acceptance and the same on record is sufficient in lieu of a written agreement.

The notice period in lieu of notice is to be paid in full.if you take your employer to labor tribunal  he will only show the e mail copies and your joining report which itself indicates your implicit acceptance of the provisions of contract.

AVRAO

Mr.Akinapalli has given valuable advice. Kindly follow it.

Your appointment, joining, employment, and appointment letter issued to you is as per provision of Indian Contract Act. Your contract with company is your individual contract with the company whose acceptance is signed by you and appointing authority of the company, on behalf of the company.

Usually companies mention in the appointment letter that all terms and conditions communicated from time to time shall be applicable to employee/acceptable to employee. The competent official of the company {appointing authority} or a superior official approved by board should sign the communications affecting change in conditions of service.

Sensible companies issue letters addressed to each individual employee and obtain acceptance from individual employee and insert the accepted copy in personnel file of the employee being maintained by the company.

Who has signed the appointment letter and who has sent the email? The email is addressed to you or is a circular addressed to one and all in the company? Is it mentioned that one and all should confirm their acceptance of the change in service conditions and individual letters are being sent and no reply to the email shall be taken as deemed acceptance by the employee? You may read the email verbatim.

The change in service conditions not accepted by employee should not be applicable to employee. Service conditions are expressed in appointment letter, standing orders of the company. You may check if standing orders are applicable to your establishment and if company has framed its certified standing orders and extended these to your designation. If certified standing orders are not framed model standing orders shall apply.

Usually companies increase the notice period when it wants to check the attrition and deter the employees from causing abrupt terminations/keep them for longer time on board, and decrease the notice period when company feels that it has tried and tested the employees and wants to separate even if by termination{ at a reduced cost of notice pay}.

Company may decide on different notice period at different levels.

The companies’ separation policy is its internal policy. HR shall follow it and it is felt that HR/Finance can not deviate from it. It seems that your company is keeping the policies in the knowledge domain of the employee and you can access it.

It shall be better to download and keep copies.

 As an employee you may take the decision as suitable to you.

You may either submit a gentle reply {addressed to appointing authority} to the email asking for a letter addressed to you or you may decline to accept the change in service condition by increasing notice period. Or you may mention that change in service conditions for your acceptance should have been communicated by appointing authority and not by say…… a junior/middle level HR executive and you feel that the change is not acceptable to you. You may fine tune your representation as suitable to you.

Majority of the employees do not reply to such emails/letters feeling the declinature shall be treated as dissent and company may take a penultimate action including termination and step on the toes of employee e.g. by blocking acceptance of resignation, FNF settlement/statement, service certificate, relieving letter, form16, attestation of PF forms etc.

Companies are known to treat such communications as revolt/dissent.

You may decide looking into your long term goals.

The companies are known to claim notice pay as per its email even if there is no acceptance by the employee and subject the employee to a drill of long communications/representations, so that majority of the employees get subdued and submit to its tantrums. Companies do relent in case of employees who are firm and well informed.

Kindly consult elders in the family, competent and experienced well wishers, and take a well informed and calculated decision.

Another factor is 2/3 months notice period during probation period may be treated as unreasonable. Notice period may not be applicable to traineee

In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act applicable to the state, as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.

SE Act Delhi:

30. Notice of Dismissal.—(1) No employer shall dispense with the services of an employee who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice:Provided that such notice shall not be necessary where the services of such employee are dispensed with for misconduct, after giving him an opportunity to explain the charge or charges alleged against him in writing.

(2) No employee who has put in three months’ continuous service shall terminate his

employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay

It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person and proceed under expert advice of your lawyer. Do not conceal anything from your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman. Your lawyer shall arrange for citations and judgments to support your cause.

Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.

Valuable advice of learned experts/members is sought.

Sir,

When i signed the my offer letter it mentioned in event of seperation of service either party would need to serve one month notice. Email communications and amendments are simple gimmick to emplyee retention.

Please advice on how should one counter to such situation.

Amit

If the notice period is not served company can not hang the employee.

Employee may affirm, on his own, in writing in notice of resignation or by subsequent communication in writing that notice pay be adjusted in FNF statement.

Notice pay may be adjusted @ Basic + DA. This is because paid leave, gratuity which is paid by employer @ Basic + DA.

The very purpose of notice period is that employer is able to do orderly transition, install replacement, complete exit formalities, and employee is able to firm up his future venture and help the employer to complete the exit formalities.

If you are tendering some notice you are doing well to your employer and are displaying character by not causing abrupt termination. You may mention the effective date of resignation/hence retirement/last day in office and affirm to adjust notice pay as mentioned in your appointment letter, in FNF statement.

You may tender same notice as expressed in appointment letter. This is also the same notice which employer shall tender if he wants to terminate the employee. If you find that FNF statement is not correct you may not accept it. Let the employer transfer the FNF amount transfer in you’re a/c. However you may send even if an email that FNF statement is not correct and you are not accepting it and the amount is received at your end under protest.

If you are not able to handle the situation on your own despite your best efforts you can approach lawful authority or your lawyer.

Service conditions are controlled by appointment letter {which is deemed to be negotiated and accepted by both employee and employer} and certified standing orders { which are negotiated and accepted by both employees/employee’s representatives/ trade union, and employer and are certified by certifying authority}.

Arbitrary change in service conditions may be difficult to be imposed. Employer feel that majority of the employees shall not raise their voice, are ill informed, can be subdued hence they continue to subject employees to drill of tactics, tantrums knowing fully well only a handful of employees are properly informed and have resolve to peruse till logical conclusion. Therefore remain firm.

 Valuable advice of learned experts/members is sought.