Regarding notice period
Prashanth T S
(Querist) 01 September 2014
This query is : Resolved
I have a problem regarding my notice period as my offer letter it is one month, but when i dropped resignation my higher management saying that my notice period has revised for three months. But till date of my resignation they have not issued any notification and i have not signed any document.Once i asked they issued to other employees and taken signed. But still now my docs says its one month. please help me in this. My other organisation is not ready to accept 3 months, it will impact on my personal life. Please guide how to proceed with this.
Kumar Doab
(Expert) 01 September 2014
1. The company has issued offer letter or appointment letter or both to you? Both are different.
2. The change in service conditions including notice period is not be from retrospective effect. Don’t accept the change if any letter is issued to you and mention that you have already submitted notice of resignation dated………………….as per clause no…………………..in appointment letter dated………………………issued to you. Likewise any employee can decline to accept change in service conditions. If company resorts to coercion, intimidation, threat, pressure, tactics…………………………………….blackmail e.g. termination/declinature to issue relieving letter, bad BGV etc…………………………….employee’s unions, trade unions, Works Committee (of employees formed under ID Act), Grievance Redressal Committee, Inspector under Shops and Commercial Establishments Act, o/o Labor Commissioner, lawyer can be approached.
3. The service conditions including notice period shall be as per appointment letter issued to you, and you may cite the clause no…………………..in appointment letter dated………………………issued to you in notice of resignation or subsequent communications, in writing under proper acknowledgment.
4. The notice period/pay does not necessarily depend upon T&C inserted by employer in any private agreement drafted by employer and signed with employee e.g offer letter, appointment letter, contract of employment and depends upon various enactments applicable to employer, employee…………………You may go thru many threads and pick up relevant points:
http://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU
http://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM
http://www.lawyersclubindia.com/forum/Notice-period-nad-absconding-employee-92345.asp#.UpMpStIW1MA
http://www.lawyersclubindia.com/forum/Mnc-issuance-of-experience-certificate-re-leaving-letter-92229.asp#.UoiogdKAqWM
http://www.lawyersclubindia.com/forum/One-sided-notice-period-92171.asp#.UoiondKAqWM
http://www.lawyersclubindia.com/forum/Query-regarding-relieving-letter-and-continuity-bonus-92151.asp#.Uoio6NKAqWM
http://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UoSg3nCAqWM
http://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoTD33CAqWM
http://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.UoTGvHCAqWM
5. On strength of which rule/law/policy management has changed the notice period? Has it quoted it in letter issued to employees? For change in service conditions 21 days notice has to be given to employees!
6. Has the company stated in offer/appointment letter that service conditions shall be governed by …………………….HR policy/Service Rules and regulations……………………and did it supply these before or alongwith appointment letter? Has the company place these rules/policy on some shared portal. Download the old version (as on date on appointment letter and latest version) and quote these also in notice of resignation and subsequent communication(s) and claim notice period is 30 days only. If these are not available then claim that these have never been supplied on dated……………..(as on date on appointment letter and as on current date…………………..)………..
7. You should inform the next employer preferably in writing that current employer has changed notice period and is unwilling to accept resignation/issue relieving letter and you should eb absorbed on the strength of copy of resignation/POD only………………………………and thus build some favorable record.
8. Address your notice/final resignation to appointing authority, MD preferably by redg. post and do not remain entangled with line managers/HR personnel only…………………………………………..as they are just another employee like you and have to follow policies/orders of their masters for them………………
9. Are you a member of some employee’s unions, trade unions or not? If NO all employees have blundered. Unite AS AP.
10. In your kind of industry where you come across such unscrupulous employers always retain access to an able Labor Consultant/service lawyer.
ajay sethi
(Expert) 02 September 2014
agree with Kumar Doab
Dr J C Vashista
(Expert) 02 September 2014
1. I fully agree and appreciate detailed advise of Kumar Doab ji.
2. For further clarification of your doubts and opinion, reply the relevant questions raised by Mr. Kumar Doab, which will determine the factual legal preposition.
3. Engage a prudent local lawyer practicing in service && labour laws.
Prashanth T S
(Querist) 03 September 2014
Thank you for all your suggetions.
I updated same to my HR, still he is not all accepting. Am sure that am not signed any documents which tells my notice period is 90 days. Even i updated HR that i will fight legally. He is telling that if i go legally my carrier will spoil. Am little confused in that. Please advaise me how to handle this.
Kumar Doab
(Expert) 03 September 2014
No one has asked you to discuss everything with HR personnel!
It has already been pointed out that he/she is just another employee in the company and is not your employer and he/she shall follow the orders of his/her masters and defend his/her job than to care for your rights...............
Did you record his/her threats(audio/visual)?
It shall be better to consult your Labor Consultant/Service lawyer and proceed under the expert's advice and remain composed,gentle, amiable and talk if required and to the point only and build written favorable record as advised by your lawyer.
T. Kalaiselvan, Advocate
(Expert) 05 September 2014
Your query has been properly addressed and advised by expert Mr.Kumar Doab, however you seem not to understand them and are doing the things in your own fashion and whims which instead of bringing solution will aggravate the situation. At least follow the advises rendered now on or stop seeking advise.
