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saurabh (Oracle consultant)     28 July 2010

Notice period

I resigned from my company on 2nd Jul 2010. My appointment letter states that i have 1 month notice period. But on 4th July HR puts in email that notice period has changed to 2 months WEF from 1st Jul2010. I have not signed any updated HR policy.
My manager and HR says now that as notice period has changed i have to serve 60 days notice period else i will not get my reliving letter and they will be experience letter stating NOT RELIEVED. They say that if appraisals can be WEF backdated so can the HR policy... Please guide me , can this be done by HR/company. How can i tackle this. Can i file a labor/consumer case?



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 7 Replies

advocate jain (advocate)     28 July 2010

first u check terms and conditions of company..........

saurabh (Oracle consultant)     29 July 2010

I want to know if i resigned before the policy was sent us how can the updated policy be applicable to me just because they have backdated the WEF date to be applicable to me.....??

 

What terms and conditions are to be checked now??

V. VASUDEVAN (LEGAL COUNSEL)     29 July 2010

No. The terms and conditions of employment being an agreement between the employee and the employer, it CANNOT be changed unilaterally by the employer. More over, if the employer wants to introduce or change a term or condition, it could be with the new set of employees. For the old set of employees it cannot apply unless they have specifically agreed to.

Please send a simple letter setting out the original terms and seek for a letter of relieving. Your employer is governed by the local shops and establishment act and rules and if they decline, lodge a complaint with the labour authoirities.

vasudevan

1 Like

saurabh (Oracle consultant)     29 July 2010

I work in IT company...does that law applies to them...can you please elaborate the law...please help me......

saurabh (Oracle consultant)     30 July 2010

No one ca give a definite answer???

Somanathan LG (Head - P&A)     30 July 2010

generally, employment rules govern the employment in a company. in your case you had an appointment which indicates one month notice, and you have put in the papers prior to implimentation of the new rule. therefore, you should not be asked to serve two months' term.  since the company's circular on increased notice period was sent to employees on 4th July, the employees who resigned prior to that date should be relived as per the original appointment terms.

somanathan

Devesh A. Bhatia (Advocate)     04 August 2010

Any policy change for old employees under contract shall be ratified by them through a new contract. Dont let ur HR misguide you. You can leave with 30 day notice. Contract laws are applicable over all industries. 


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