Please opine on this termination clause

NO.

NO.CANNOT TAKE UNILATERAL VIEW EVEN  OF THE CONDITIONS INCORPORATED IN THE APPOINTMENT LETTER FORGRT APART THE CONDITIONS NOT INCORPORATED  IN THE APPOINT LETTER.

J.P.PATEL ADVOCATE PUNE (9921158871)

Thank U so much

this appointment letter was issued to me in 1992. after that the terms and condition of appointment letter changed and notice period clause was added. furthur  i recollect that some three yeras back they send a communicationto all employee of my level increasing notice period to three years. however if in the original appointment if the notice period clause is not existing then will the three month notice apply ?

You may study your appointment letter carefully. In your appointment letter company might have mentioned that all terms and conditions communicated by the company from time to time shall be applicable to you. All changes in the terms and conditions should become effective if accepted by you in writing. Did you give your acceptance to increase in notice period to 3 months, in writing? It appears that you have mentioned notice period as 3 years by error in your post. If there is no such clause in your appointment letter and if you have not given your consent in writing, you can contest the notice period of 3 months. The employee shall have to charged with "behavior and misconduct" and misconduct shall have to be proved. This clause may be exploited to deny the notice pay. Notice period is usually extended when company has decided to deter the attrition. If employee decides to separate the next employer may not grant joining time of 3 months and employee shall have to tender notice pay, thus the financial burden is on employee. If many of the employees have been terminated and all of them decide to fight for their cause, all of them can support each other. In your other post you have mentioned that company was engaged in unlawful activities and was raided by law enforcement agencies. It seems that all representations to the company have failed and sense has not prevailed. It shall be appropriate to show all records to a competent service lawyer and if deemed fit claim reinstatement with back wages. Litigation may take time but may be rewarding. GM Sales of a Pharma company, who was terminated, contested that he works in the same manner a MR works and is a workman. MR’s of his company appeared as a witness and stated that he works with them in field like them and does the same work as done by them. Unfortunately during the case in HC the GM expired, and his family did not peruse. This could have become a landmark judgement.

Yes sir on 13th Sept 2006 the company send a note which states" we would like to inform you that the notice period as stated in your appointment letter stands revised to three months with immediate effects. all other terms and condition of service will remain unchanged except the amendment in notice period as stated above. you are requested to sign and return the duplicate copy of this letter in acknowledgement." i might have signed and given this letter however the point is in the original appointment letter if there is no mention of notice period for termination apart from working behaviour and conduct this clause of 3 months is null and void.

further just 6 months back the company send another letter mentioning that the notice period is changed from 3 months to 1 month which i have not signed.

under this circumstances can the company terminate me on the basis of my signing the 3 moths notice period letter ?

If you have accepted notice period of 3 months, then notice period in your case shall be 3 months.