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Gaurav Dave   20 August 2015

Company has revised notice period and I want to resign in next month

Hi,

I have been working with IT private Ltd. company for last 10 years. I joined this company as fresher and at that point of time I had notice period of 1 month. Now suddenly company has increased notice period to 3 months without any notice period buy option. HR just sent an email about effective new policy from 1'st Arpit 2015.

I am planning to resign in coming month. I am not sure if I can serve 3 months of notice period. What are the options available to me if my current employer doesn't agree to reduce notice period or notice period buy out option? I am ready to serve notice period of 1 month.



Learning

 1 Replies

Kumar Doab (FIN)     20 August 2015

 

You have posted that:

 

“HR just sent an email about effective new policy from 1'st Arpit 2015.”

ON which date/month/year this email has been sent and seen by you?

Is HR personnel that has sent this email your appointing authority or an authority empowered by aboard to amend the service conditions?

 

“I am working in IT Company.”

 

It is not sufficient information. Whenever you initiate a query you should post:

 

What is this establishment registered as: Commercial,Industrial?

The office /Div. where you are posted is registered as: Commercial,Industrial?

How many maximum persons are employed in it at any point of time, before and after your joining?





The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy,FnF policy that are mentioned in the appointment letter?
What was your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?

What is your designation and nature of duties? Did you have power (not just recommend)to sanction leave/increment/appoint/terminate? Can anyone cancel your recommendations?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Do you record of attendance? Did you ever work for more than 8hrs /day and 48 hrs/week and was any OT paid? Did you claim OT?


Has acknowledgment of notice of resignation, supplied to you?

 

Is it stated in appointment letter that service conditions e.g. notice period shall be governed by emails sent by HR? Does the equitable notice period/pay also apply to employer? Can employer also not terminate within 90 days, by paying notice pay?

 


Are you a member of any employee’s/Trade Unions?

 

You should provide full information, pointwise!
 

In your case it shall be appropriate to proceed further under expert advise of an able labor Law Consultant/Service Matters Lawyer/Law firm.


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