Harish Anumalla 11 January 2020

my employer changes notice period to 3 months

hi,

my self Harish and I just wanted to know

1. employer can change notice period?

2. employee can demand for twice of my salary in case not served notice period?

3. my employer not giving any cash settlement or not accepting PL leaves against notice period? is he can set his own rules with related to PL leaves.

Below is the communication mail from hr to staff. is it legal to do so? kindly suggest.

mail:
Dear All,

You all are hereby informed that the Notice Period for separation from the Employee Side for Back Office/Non-Sales Employees has been increased to 3 Months with effect from 01st January, 2020.

As per the revised clause, in case of separation, there will be a Notice period of three months from employee side during probation as well as after confirmation of employment. After resignation, employee has to serve the entire notice period. Once resignation is accepted, salary will be on hold and will be released with your Full and Final Settlement if any.

In case of early separation, the employee is entitled to pay two times of current salary for three months to the company. Company policy does not allow taking leave or paying salary in lieu of notice. The Company may however, at its discretion, decide to relieve the employee before the completion of the notice period.

------- end. ------

Reply Follow

6 Replies

Harish Anumalla 11 January 2020

++ adding to above query
4. they set nomes for separation from employee side but not given anything for separation from employer side

G.L.N. Prasad (Retired employee.) 12 January 2020

The employer can frame rules and regulations suitable to him, and the experts always consider the law, the practice in similar organizations and their own problems. If any one wants to challenge it, it can only be through Court . Contact Local Labour commissioner and make a complaint as suggested by him. Let the Labour commissioner take up the issue on your complaint. In this exercise for future uncertain need, you may be complicating your relations for the present with your employer, as no employer takes opposition to their policies. Do it collectively as a group.

Rupin Dhama 12 January 2020

Go to the labor commissioner .

For more information contact us on 9999121211, or email us on info.lawjunction@gmail.com. .

Rupin Singh Dhama
Law Junction

P. Venu (Advocate) 12 January 2020

The employer cannot effect such changes unilaterally.

Dr J C Vashista (Advocate) 13 January 2020

No term of engagement / service can be altered / modified / amended arbitrarily by either of the party to the contract.

It is advisable to consult a local prudent lawyer with relevant records for appreciation of facts, professional advise and proceeding as required.

T. Kalaiselvan, Advocate (Advocate) 18 January 2020

1) There is no way that the company can force you to serve the full notice period.

2) The clause in the employment agreement usually states "ninety days’ written notice or three (3) months’ gross salary in lieu thereof". Therefore if you are willing to pay the company should not raise any objections.

3) Put in your resignation serving your preferable days of notice and be prepared to return all the company properties or assets that are in your case and custody at the end of this period.

4) If the company refuses to accept your resignation in person/writing send it to the company via email at the same time. The company should be ready to adjust the leave against the notice period if you have earned leaves accumulated.

5) Where there is rule there is a punishment for the breach of the law, you can breach the contract by paying the damages to the management. However, the management has no right to retain even after payment of the damages as per the agreement. Thereafter, you should issue a written notice to the management by communicating about further development and requesting your relieving letter.

6) If the new employer has no problems with your not getting a relieving letter or experience letter then you may just join the new employer after the required days of notice in the current company. The company can not act against you in law.

7) If your employer intentionally dragging your case to issue relieving letter than you can approach the labour court or the tribunal by issuing lawyer notice to the Management, HR and Reporting Manager.

8) In the extreme case you may also consider moving the High Court under Article 226 read with Article 14.