Notice period changed from 45 days to 90 days

SUMIT (Querist) 02 September 2014 This query is : Resolved
Dear sir,
I am resigned from a limited co. recently..earlier when I joined that organization my notice period was 45 days as per appointment letter..but after 7 months of joining they was increased the notice period to 90 days for confirmed employees.
Also at that time I am not confirmed.
Now they are demanding salary for the unserved period of 50 days.
Can they increase the notice period?

Pls suggest what I should now??

Regards

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ajay sethi (Expert) 02 September 2014
you would be governed by terms of your appointment letter . if your appointment letter mentions you have to give 45 days notice period only then you are not bound to give 90 days notice . any increase in notice period has to be accepted by the employees

Kumar Doab (Expert) 02 September 2014
Was your service confirmed in writing on the date you have tendered notice of resignation?

How did company inform change in notice period..................circular,notice, individual letter and did you sign acceptance or did you submit declinature?

SUMIT (Querist) 02 September 2014
Yes I am confirmed at the Time of resignation .

They informed us by mail on official id..
I did not sign any letter but also not submit any declinature at that time..
Doj Apr 13,
Mail received - sept 13
Confirmed - Oct 13
Resigned - june 14

SUMIT (Querist) 02 September 2014
One more point how can I decline that..if may I did that then may fire me...

Kumar Doab (Expert) 02 September 2014

1. You may claim that you never accepted the change in notice period.

2. The company shall claim that you had accepted that service conditions can be amended from time to time and service conditions shall be governed by HR policy/Service Rules and resignation as stated in appointment letter accepted by you. The change was properly communicated to you, by the competent employee (be it a HR executive) hence the change is applicable to you.

3. If you are apprehensive that company may terminate you in that case first of all alongwith elders in the family approach an able Labor Consultant/Service lawyer AS AP and now let all of your representations be drafted and structured by your counsel and be submitted under proper acknowledgment.

4. The notice period/pay is part of service conditions and is governed by various enactments applicable to establishment and employee and is not dependant on whims and fancies of employer………………………..

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

You may pick up the relevant points.

The notice period applicable to you may not be more than 30 days.

Any T&C inconsistent with statue/instrument of law/enactments applicable to establishment shall not survive …………………………….shall be void.

Let all of your docs, be examined by the trained legal eyes of your lawyer and let your lawyer evaluate merits.

If your lawyer opines that notice period applicable to you is not more than 30 days then even if company adjusts notice pay you should succeed to claim unpaid wages later……………………………..you may refrain to accept FnF statement/settlement.

It is reiterated that all of your communications be preferably structured by your able Labor Consultant/Service lawyer. It shall be good if you retain access to an able Labor Consultant/Service lawyer and consult your counsel in advance.....................ALWAYS.