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Sikha Mathur (Operator)     28 November 2014

Change is notice period term

My company HR just dropped me an email telling that my notice period has been revised from one month to three months. Can a company do that without resigning of the agreement? 

The original agreement had the following written:

If you decide to discontinue your employment with Moonshine, you shall provide 1 Month notice. You will not be paid any salary in case you leave the services of the company during the month without submitting your resignation and obtaining clearance from the designated officials of the company. 

The rights and duties created by this section may not be modified in any way except by a written agreement dated and signed by the signing authority of this agreement letter or any other person appointed in lieu of her.



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 6 Replies

FUTURE LAWYER (future lawyer)     29 November 2014

Hello Sikha Mathur,

I think you can contact all these HR issues SV Law Chambers from Bangalore. They are all expertise advocates who deal with all labour related issues.

One of my friend who is working in Bangalore had a similar issue, this SV Law Chambers advocates resolved the issues.

Also, if you have any issues like Gratuity/PF or contract employee/Bond executed with company  for working 2 years. They are best lawyers in Bangalore to solve this kind of disputes.

 

FUTURE LAWYER (future lawyer)     29 November 2014

sorry you can contact them through email svlawchambers@gmail.com

Kumar Doab (FIN)     30 November 2014

1.You may write to apointing authority to supply you the certified copy of board resoloution empowring the person that has sent the email and hrad copy of the change in service conditions, by Redg. Post so as to enable you to do the needful........

2. You can also decline to accept the change......

3. The employer may resort to tadctfully or straight away..............termination hence you should download all appreciations,award,reward,Tgt vs Perf.data,record confirming that nothing is pending at your end,HR policies like service rules and regulations/exit policy/FnF policy/leave policy/PIP policy etc....and also the standing orders that are applicable to establishment (certified/model).......

 

4. You can submit notice of resignation ( by redg. post even if company has some software resignation tool)citing reasons e.g.chnage in service conditions and any else that renders employer as unworthy of being employed with......and request to supply by redg. post the acknowledgment imediately and aceptance,service certificate,relieving letter,FnF statement correct and original,Form16 as per correct FnF statement,Payment of FnF dues by bank DD only,PF number and a/c slips,salary slips of all months,ESIC card,NOC/NDC, within and upto last day in office...and that nothing is pending at your end and routine duties be assigned that can be completed within and upto last day in office, and to whom you should handover the charge within nd upto last day in offcie under proper acknowledgment on the spot...

 

5. Try to get the salary/dues before you submit and also not to allow your dues to compile........ 

 

6. The 'Works Commitee' as in ID act is an authority and President can be from employee's side and such committee can take up such matters with employer..............employee's unions/trade unions can also intervene and negotiate service conditions...

As per ID act 21 days notice should be issued before effecting the change in service conditions.......  

The employees make a blunder by not forming unions,internal councils,works comittees etc....

 

7. You might be very well covered as perdef. of 'workman' as in ID Act,'Employee' as in (Name of your state)Shops and Commercial Establishments Act.................

 

 

Notice period/pay as per Model Standing Orders is NIL during probation period,30 days after confirmation and max.30 days as per Shops and Commercial Establishments Act depending upon length of service.......

 

Any service condition inserted in any private agreement e.g. appointment letter............inconsistent with enactments aplicable to establishment shall not survive............. 

 

 

Hence if you are covered by the enactments the 90 days notice period may not be applicable to you.

 

Your Labor Law Consultant/Service matters lawyer may ask you a set of structured questions and may opine that you are covered.

T. Kalaiselvan, Advocate (Advocate)     01 December 2014

@Future lawyer: if you know the answer or if you can give solutions to the problems of the querist, you are welcome to do it but donot use this platform for promoting business for others for whatsoever the reason may be.  The querist has approached this forum with some problem and not for offering business to an outsider.  Better understand and follow some ethics.

@Querist: The employer cannot act against the terms and conditions of employment already agreed and signed by both.  If the exigencies force them to change the employment conditions, they have to first comply with the existing conditions of removing you from the employment by following the conditions stipulated in the offer letter.  Thus, as suggested by expert Mr. Kumar Doab, you may follow the steps suggested and get prepared accordingly.

Jai Karan Nagwan (consultant)     19 December 2014

NO live employee can refuse or reject it barely on the apprehension of of losing job, but this is strong case of entering the agreement under undue influence and such orders are liable to be declared null and void under law of contract.

Kumar Doab (FIN)     21 December 2014

Some states have issued notification and made it mandatory to form GRC (Grievance Redressal Committee) having equal number of employees......................

The employees err grossly by not forming employee's unions/IC/WC/GRC/GUILD etc and then affiliating with trade Unions...........................Such matters can be promptly brought in the notice of unions and even Dept of Labor Officials including Minister,Principle Secretary,Secretary, Labor Commissioner,ALC/DLC etc......................even by phone call/email ...........................be it anonymous and they are under obligation to take suo motu notice...............................

Don't forget to mention that you are contemplating to  approach media and community leaders.............

This may fetch hellspeed.................


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