Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Siddharth (Assistant)     26 October 2016

Notice period in case of change of employer

Hi, I am a Professional and currently working in a Professionals firm.

My joining letter mentions two things:-

i. your services may be transferred to any division/section/service-line/site as well as any office/establishment/division/branch/department/ ASSOCIATE of the organisation based on your areas of expertise, on temporary or permanent basis, depending upon the organisation's priorities & exigencies of work.

ii. The notice period that needs to be served is minimum of 2 months from the date of acceptance of resignation letter MY

 

Facts:-

1) The professionals firm say XYZ & Co. which I joined initially got merged with other firm and almost 80% of the employees got transferred to new firm.

2) Now my original firm XYZ & Co. has not tranferred me to new firm but to XYZ Co. PVT ltd a company under which Partners of XYZ & Co. are directors in XYZ Pvt Ltd. without even informing me.

3) I would be taken as a loan employee in the new CA firm routed through XYZ Pvt. Ltd.

4) I would be on the payroll of XYZ Pvt. Ltd. This thing happened a month ago but my manager did not inform me despite I regularly telling him that I will discountinue the day I am shifted to new firm since I do not want to be treated as a outsourcing employee

 

Pls help me.In this Case is it required to serve the notice period due to change in employment structure and everything? 



Learning

 6 Replies

Kumar Doab (FIN)     26 October 2016

What is this CS?  Don't use abbreviations.

Is it Company Secretary?

Who issued appointment order? XYZ?

Is it registered under Shops and Estbs Act of the state?

What is your designation and nature of duties?

 

Akash Kapoor (Owner at Shramsamadhan India)     26 October 2016

Yes your notice period is bounding on you. Simply because the transfer clause was there in your agreement, they have the right to transfer you on will. The word "Assosiate" in the agreement cover a very wide array even if we follow the Principle of Ejusdem generis, this will cover all knid of Transfers. 

Sorry to say but you have to abide by your agreement.

See this https://www.shramsamadhan.com/

1 Like

Kumar Doab (FIN)     26 October 2016

Notice period is part of service conditions and governed by various enactments.

If employer,establishment,you are covered, then the enactments shall prevail upon any private agreement/rule/policy that employer might have darfted/crafted and signed with employee, e.g; appointment letter/ contract of employment/service agreement/HR policy/service rules etc etc .....................

 

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 October 2016

Bring your thoughts to higher management's To consider your pray

Siddharth (Assistant)     26 October 2016

Originally posted by : Kumar Doab
What is this CS?  Don't use abbreviations.

Is it Company Secretary?

Who issued appointment order? XYZ?

Is it registered under Shops and Estbs Act of the state?

What is your designation and nature of duties?

 

CS is Company Secretary.

Orginial appointment letter issued by XYZ-Partnership Firm. Now thye transferred me to XZY - Company

Not Registered and not covered under shops and establishment act.

Designation - Associate and duty is look after Company Law compliances

Kumar Doab (FIN)     26 October 2016

Apparently; you do not seem to be covered by enactments.

Still if you wish you may sit with a very able counsel specializing in labor/service matters and explain your nature of duties, in practise.

The clauses are severe;subject to acceptance of resignation, and two months after acceptance.

It is felt that employer has not kept equitable discretion for employee if it intiates the termination.

Since you have signed by your free will, your employer may become rigid and press the conditions on you.

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register