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ligil vijayan   09 March 2021

Change in notice period in the new hr policy

I have joined in the company with a appointment letter in which it is mentioned that in training or on probation the employee will have a notice period of 1 month and on confirmation ie after completion of 1 yr of training and 1yr probation will have a notice period of 3 months this appointment letter is given on August 2019 and in 2020 march they have sent an revised HR policy through mail to all the staff in which it is mentioned after completion of 1yr training ie evn if we are in the probation period also we have to serve a notice period of 3 months ie they have altered the service condition of notice period of 1 month to 3 months by changing the HR policy and send through a mail not in written format and now in feb 2021 when im in my probation i hv given my resignation and thm to releive me by 1 month which is asper the appointment lettr in which i have signed but thy are denying me and forcing me for 3 months notice period and telling me the HR policy have been revised and u have to follow the revised one amd its sent 1 yr before but i denied the fact that i didn't gave any acceptance mail or i didn't signed and given in any written agreement apart frm my appointment letter but thy are not listening to me and tellng that u shld hv raised ua point when the new HR policy came nw u have to follow it orelse u hv to face legal consequences . Please let me know whether i can move legally so that i have to follow only 1 month notice period which i hv agreed to


Learning

 6 Replies

Ritesh Maity (Labour Law Advocate)     10 March 2021

Service condition, if changed, without complying with the provisions of Sec. 9 of the Industrial Disputes Act, is not allowed. In your case it seems that company has subsequently changed the service condition unilaterally. You are required to follow the terms and conditions as incorporated in your letter of appointment.

Simply submit your resignation in terms of your letter of appointment. Keep an acknowledgment of your resignation for future reference. Let the company revert back in writing. 

ligil vijayan   10 March 2021

 Thank you Ritesh sir for ua valuable information 

What if they denied to give me the releiving letter or experience letter which will be mandatory for me to join the next company .

Since the HR policy is renewed on march 2020 can thy say why didn't u gv non acceptance letter at that time, now u have to follow the new HR policy itslf orelse we will take legal action.

Whether i will be liable to any legal consequences later on.

And in my appointment there was two clause in one clause tht mentioned u will be forced to follow the time to time change in hr policy and in second clause they hv written if thr is any change in service conditions thn ua not liable to the change in ammendment until n unless communicated by the undersigned and it shld be in writings . So im not understanding on what basic there are confident to say me u can go legally evn we will c it legaly if u want so orelse u stay 90 days in site itslf cant evn allowed to payment lieu and reduction by earned leave u hv to complete 90 days in site due to company requirements and recently i have cought wth corona and my employers didn't evn calld me one one week continuous and thy whr not caring itslf nw aftr beeing negative also thy are forcing ne to wrk in site itslf and gvng lot of mental torture.

What can i do sir 

Ritesh Maity (Labour Law Advocate)     10 March 2021

There is no law which can compel the management to issue relieving/ experience letter. It is always the discretion of the management. 

The management may start legal proceedings against you for not paying in lieu of the notice period but in all practical sense it will be very difficult for the management to win such case in the court of law. 

ligil vijayan   10 March 2021

Sir i have given my resignation on feb 13th on march 13th my actual notice period will get ovr as mentioned in my appointment letter and im ready to stay till march 13th and want a smooth releiving but thy are forcing me to stay 2 more mnths on the basis of updated hr policy so in that case wthr evn after completing 1 mnth notice period can thy start legal proceedings on not payng in lieu of notice period , can i get my releiving letter on basis of completing the terms n conditions mentioned as per my appointment letter

Ritesh Maity (Labour Law Advocate)     11 March 2021

1. You are required to serve 1 months notice as per your letter of appointment since the service condition which was changed later was without your approval.

2. There is no law to compel the management to issue any relieving/ experience letter (In this case you have to just convince the management)

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 March 2021

It all depends on your new company. If they are willing to accept you without any relieving letter or testimonial from your previous employer there is no  problem. Otherwise you will become jobless.


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