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ashutosh srivastava (advocate/ consultant)     28 September 2010

change of termination clause by employer

employer has changed the termination clause of appointment letter after few months of appoinment such change was comunicated to the employee in a letter communicating revision of salary this letter was received by the employee. after receiving the letter it was found in the concluding lines " sign a copy of this letter as token of acceptance"

my query is that whether changed terms n condition is binding in present case or not?

please comment

regards



Learning

 3 Replies

Daksh (Student)     28 September 2010

Dear Mr.Ashutosh,

In the instant case if the employee is not comfortable with the termination clause in reply to the letter he can communicated and get acknowledgement that it does not suit him and he is not agreeable in change of termination clause.

Best Regards

Daksh

Basavaraj (Asst, Manager-Legal)     28 September 2010

It is common that once the company has issued appointment letter with terms and conditions which would be final finding on its employee, unless and until clause has not been mentioned in the appointment letter that “this appointment letter term and conditions shall be amended from time time with or without notice to the employee”. In case these clause has not been mentioned then the Company does not have right to change the terms of the appointment letter.


In you case it not binding on you.

Rgds

Basavaraj

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     04 June 2011

1. At the very outset, is it legal to change terms of appointment itself afer employee assumes charge?

2. In same vein, can terms be modified on period of probation?

3. Can terms of appointment be changed in government also? (This is against background that individual/s get terms changed for specific greed. Given fact that someone who got job at young age becomes boss by the time other can even get job,is this practice of changing terms of appointment ethical, legal. Will it not affect future of the affected party even more at wrong hands?).


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