Change in notice period

Dear querist,

Any comments can be made after going through your offer letter.

Prima facie act of your employer is bad in eye of law.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Generically speaking; Changes in service conditions should be effected after bilateral discussions/prior notice..and mutually agreed upon.

Mere demand of client of establishment may not necessarily be sufficiently valid ground to effect unilateral change in notice period of employees.

Your employer is establishment that has employed you and as per your post has issued appointment letter to you.

GO thru;

THE INDUSTRIAL DISPUTES ACT, 1947; 9A

21 days notice shold be given.

ID Act otherwise does not lay down any notice period for employee and lay down notice period for employer in cases of retrenchment..

Notice period is part of service conditions and governed by various enactments applicable to establishment/employer/employee..

e.g;

-Standing Orders (Model/ Certified); GO thru Model Standing orders;13 ..if you are covered by def. of ‘Workman’ as in ID Act, and respective clause of Certified Standing Orders if the standing orders of establishment (that ha semployed you) are certified and yor designation is covered.

-Shops & Estbs Act of the state; which may not lay down any notice period for employee but may lay down notice period for employer as per lengrth of service of employee…..By equitable discretion the same notice period may be asked from employee by mutual understanding…. The contarct of employment should promote equitabkle discretions or IT may be easily termed arbitrary.

Or the Act may which may lay down some notice period for employee and also may lay down notice period for employer…

GO thru IT if the ACT applies to establishment and you are def. of ‘Employee’ as in ID Act.

And any other enactment that may apply in your case..

You have posted only an extract of the email informinh unilateral change in notice period..

You may show the appouintment letter, rules/policies mentioned in IT to elders of your family, competent and experienced well wishers,  seasoned employees/trade union leaders,  a very able senior LOCAL counsel of unshakable repute and integrity specializing in criminal matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt….. for a considered opinion to handle any situation…properly.

Check for such counsels at LOCAL Labor courts/CGIT, School-Educationsl Tribunal, CAT, O/o Controlling SAuthority of Gratuity, Civil Courts, HC, SC…

Thereafter you may either reply to email by letter (submitted under proper acknowledgment at reception undrer seal and signature or redg. Post), email informing non- acceptance or your reservations…as adviced by your elders well wishers, counsels….

If you are not covered by any of the enactments then service conditons may be governed by appoitnebt letter...

Rest is upto you.

Instead of wasting your precious years of youth and expertise in such establishments try to be with some reputed one with good HT practices..

If you values the present employment for reasons best knbown to you handle the matter so as to defend your interest as deemed fiot at your end..after discussing person with your counsels.

Hi, Thanks everyone for the reply.The below is  from my appointment letter. 

"Termination by Employee, 

 if you wish to leave the services of the company, a clear written notice of thirty (30) days has to be given to the Company/client. In case of failure to giv such written notice wiuthin the perscribed time, you are bound to make good the loss suffered by the Company and any other charges/libilities Company/Client incurs consequent to the failure to give required written notice "

I work for a private IT company and i work as a contractor. i joined recently and 9 months over. Suddenyl i received an email telling my notice is extended. How come this is possible ? 

How to  handle this , please advice