Ashok Chourasia (Q.C.Manager) 28 May 2014
Dear Friends
During appointment , terms for notice period from either side was 1 month. In the apriesal /Increment letter term was changed as one month by employer and three months by employee side , that has to be accepted because in refusal increment amount had to be lost. I resigned and after one month not attended duties.
Is it legal to make such internal policy by the employer to keep terms not equal from either side.
-Ashok Chourasia
Kumar Doab (FIN) 28 May 2014
There are unlimited numbers of threads with similar queries at LCI alone.
Those employees that are not united are not members of employee’s unions, trade unions are ill informed of their rights, and suffer from such conduct of unscrupulous employers.
If you don’t unite you shall continue to suffer in future too.
Is there any ‘Works Committee’ in your company?
What is this company: Commercial, Industrial, Small Enterprise?
The registration certificate might have been displayed near entrance or you have to find on your own.
You are located in which state?
Redg. office of the company is located in which state?
What is trade of this company: IT, Banking etc…..?
How many people are employed in it?
What was your designation and nature of duties?
Are you a member of any employee’s, trade unions?
Notice period/pay (part of service conditions) is not dependant upon T&C inserted by employer in appointment letter, contract of employment alone…………………………..You may go thru:
https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U4W_10eBmXW
Sufficient has been discussed in these and other threads mentioned in these threads.
So even if you have signed the increment letter cum change in notice period the change in notice period may not necessarily apply in your case.
The increment once granted can not be taken back.
You could have accepted in the increment and declined to accept change in notice period.
If you were coerced, forced, pressurized, were not allowed to keep the letter for say even one day and sign on the spot you could have submitted a written representation addressed to appointing authority, MD stating that your signature have been taken forcibly by Mr/Ms………………on dated………..on increment letter dated………………………and you accept only the increment and not change in notice period.
You could have taken a snap shot of increment letter…………………….etc
You may take a stand that you had represented to Mr/Ms……………………………..in office on various occasions………………….or on dated………………
The contract of employment should promote equitable conditions or it can be easily termed arbitrary.
It is suggested that you may get in touch with local labor consultant/service lawyer, along with elders in your family, show all docs on record, give inputs in person and proceed under expert advice of your lawyer. Let your lawyer draft all of your representations.
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