Change in notice period

Is it mentioned in your appointment letter that any change in terms and conditions communicated by company shall be applicable and acceptable to you. Kindly check your appointment letter.

If you feel that the change is not conducive and acceptable, you may not acknowledge and accept by email and on hard copy. If you are made to face sessions with reporting authority and HR you may gently decline.

Company can inform by email. In your case company has sent email followed by letter.

Your designation alone shall not determine you are a workman or not. In case a situation arises you can approach a competent service lawyer, with your docs and records. Your lawyer shall help you.

From your post   it does not seem that there is a human rights violation. Does your company have Employee human rights policy?

It is always better to have access to a competent lawyer and consult before taking major decisions.

Right advice in time can save from lot of complications.

Dear Sir,

Thank you very much for your speedy response. It would be a great help if you can advise me on the below things.

The offer letter which I signed clearly states that the notice period for confirmed/non-confirmed employees will be one month only. Where as the change in policy email communicataion speaks about three notice period. The offer letter carries a General Clause which is as below: "The above terms and conditions are subject to the company's policies, procedures and other rulese laid down in the employees manual as applicable from time to time. In all service matters, including these not specifically covered here such as Traveling, Leave, Retirement, Code of Conduct etc, you will be governed by the rules of the Company as laid out in the company's employee manual as shall be in force from time to time. The Employee Manual will have an overriding effect in case of any conflict with these terms and conditions forming part of this letter of employment "

The above clause in the offer letter speaks something about the Employee Manual which is still Work in Progress. They did indicate the same in the revised policy email. Needless to say, the organisaiton has never shared the same with any of its employees (since, it is never prepared).

Apart from the above, the letter of employment (i.e. the offer letter) never speaks anything about the acceptence of the change in policy by the employee.

Very recently, the company has given the hike letter to the employees and the hike letter carries a special clause about the acceptence of three months notice period. Fortunately, as I have put down my paper I was not been given the hike letter, hence, I feel I am out of the perview of the three months notice.

Is my belief correct? Will a mere email communication to the employee about the change in policy holds good? Do the HR representatvies need to take a signature on the hard copy of the policy document? Considering the above facts, can I directly approach the labour court?

Thanks for your cooperation as always.

Regards,

Ramu.

You have neither acknowledged nor signed the hard copy. You have not given your concurrence, by email or on hard copy, and you have mentioned that in your appointment letter it is not mentioned that "that any change in terms and conditions communicated by company shall be applicable and acceptable to you" hence the change should not apply to you. As per your post employee manual is in progress. Old employee manual if any was ever prepared has not been supplied to you.

You can submit a written communication under acknowledgment ,with a copy to you, addressed to the good offices of  your appointing authority, MD/CEO, HR-Head, Company secretary to supply you the certified copy of employee manual and standing orders effective as on dated……….(current date as on your communication). You may mention that as per your meeting with Mr…….., and Mr…….(your reporting authority and HR on dated…) you have been informed verbally that no employee manual has ever been prepared and circulated by the company, however you are submitting the request for a confirmation on the subject and reply in writing.

If you are contemplating to resign you may submit your notice of resignation addressed to your appointing authority and state that as per clause number ....in your appointment letter dated..............you are submitting your notice of resignation, and your resignation shall be effective from ...............(one month from date of notice). You may request the company to make the necessary arrangements (which would imply to find your replacement, get all assignments completed, knowledge transfer etc) to relieve you by the effective date of your resignation. You may request to supply you acknowledgment of your notice immediately, and make arrangements in time to settle your a/c , provide F&F, work experience certificate, relieving certificate, PF accumulation reports,from16,PF withdrawal/transfer forms, NOC/NDC etc.

You may complete all assignments/projects on hand, and obtain confirmation from any of your reporting authority that all work is completed by you, and nothing is pending at your end. If they do not provide you may submit an official communication with a copy to you and mention all tasks e.g. have been completed by you on date......and no work is pending at your end.

You may submit company property under acknowledgment with proper seal and signature.

You can submit all communication by a letter followed by email and submit these letters at the reception where all mail is received, and obtain acknowledgment with date seal and signature, on your copy.

Let any one in the company reply to you. If you are not satisfied you can submit a representation for relief by stating all facts as mentioned in your post and request the good offices of your appointing authority, MD/CEO, HR-Head, Company secretary to intervene and provide relief to you.

Kindly be gentle, amiable and use you rapport, goodwill, and your persuasion, negotiation, reasoning skills with your reporting authorities, HR, to get relief. If the need be you can approach o/o labor commissioner.

Dear Kumar Sir,

I am really grateful to you for investing your personal time for giving legal opinions on the problems faced by me and my colleagues. This is really helpful.

Thanks again.

Dear All,

Please help me and guide me should i follow legal notice to my organization ? please read my condition:

 I have resaign with 2 week notice from my role due to the major family valid issue, i have also submiited documented proof for same. Till now resignation is not accepted by my supervisor. He is saying that they have change the policy and asking everyone to server 3 month notice. 

As per my appoitment letter it is mentioned that any partities can terminate the employment with 3 momth notice or 3 month salary in short notice. I have agreed to pay the balance amount.

I have one week left for my relieving and process is not started.

Thanks & Regards

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Dear Ms. Priyanka,

Kindly read your appointment letter carefully. Is it mentioned that employee (you) can terminate the notice by giving notice of resignation or salary in lieu of notice pay? If it is not clearly mentioned basic/gross salary then you may construe it @basic salary. Are you a confirmed employee or still under probation? Do you have acknowledgment of notice of resignation submitted by you?

During probation 3 months notice is unreasonable. Companies can not compel/coerce/force an employee to work. However it is employee’s moral responsibility also to comply with the conditions of employment contract signed/accepted by you. Many of the employees first accept the condition to take job and then look for escape routes hence companies also take tough stands leading to wastage of time, resources, at both ends.

You should submit your notice of resignation/resignation to your appointing authority. Your supervisor is probably not a competent authority to accept your resignation. You should obtain copy of employee rule book, standing orders of your company, which may be posted as a soft copy at HR page of intranet of your company, or you can write to your appointing authority/ HR Head to supply these to you.

You may as ap submit your notice of resignation with effective date of your resignation, by a letter under proper acknowledgment,followed by email, along with copies of documented proof of major valid family issue to your appointing authority, and MD,HR Head, mentioning the date of which you have these documents to..........(name and designation of the employee) and request their good office to make the necessary arrangements to supply you, acknowledgment of your notice of resignation, acceptance of your resignation, and  make arrangements in time to settle your a/c , provide F&F, work experience certificate, relieving certificate, PF accumulation reports,from16,PF withdrawal/transfer forms, NOC/NDC etc. You can mention that you had requested.......... (Name and designation of the employee) to make arrangement s for the knowledge transfer and you are willing to cooperate within the effective date of your resignation. You can ask them to adjust the earned leave in F&F, and if you can calculate you may enclose a/c payee cheque towards the amount of due notice pay at your end. You may keep a copy of the cheque. You can submit a copy of the above mentioned letter and enclosures and copy of the cheque at the reception where all post of company is received and obtain acknowledgment with seal of the company on copy of your letter and all enclosures.  

You may complete all assignments/projects on hand, and obtain confirmation from any of your reporting authority that all work is completed by you, and nothing is pending at your end. If they do not provide you may submit an official communication with a copy to you and mention all tasks e.g. have been completed by you on date......and no work is pending at your end.

You may submit company property under acknowledgment with proper seal and signature.

If nothing works you can approach local o/o labor commissioner.

Hi All,

For questioning the notice period extension and change in the policies of the organisation. The company has issued me a relieving letter, where in they have mentioned a special clause "Behaviour- Unsatisfactory".

This clause is not used for any other employees before. After I questioning this with justifying my performance and behaviour in the organisation through email, they are asking me to send an apology letter so that they can give me a clean chit. I am certainly not willing to do it and willing to file a defamation suit. I had received a good pay hike in three months of joining the company along with employee of the month and spot assessment awards. The HR Head's ego towards the concern I raised had made me to issue the relieving letter like this and at present my future employment is under stake.

I am sure that the HR is not having any proof to substantiate that my behaviour in the orgainsation was unsatisfactory. A letter to CEO and MD of the organisation also did not work. Right know I do have the following options.

1. Apologise or regret for what has happened (I do not prefer this as I (and my ex-colleagues) believes that there is no misconduct from my side)

2. File a criminal case followed with a defamation case to get a clean chit along with the compensation for the future employment threat and mental harrasment.

Your valuable advise will help me to proceed further. And also I would like to know about the court fees that I need to pay to file a defamation case.

Thanks in advance to all contributors.

Regards,

Ram.

Have you ever received any communication/remark/comment vide a letter/appraisal report etc. that your behavior is unsatisfactory? If yes, in what context? Were you made to attend any session on “behavioral aspects"? Were you issued any memo?

Have they ever asked you to submit an apology letter? Have you recorded their demand (audio/visual)? Can you record?

Some of the personnel including this HR personnel and Head are fit to be left to loose around in a civilized society. The company has posted adverse comments in conduct column in relieving letter. If there is no misconduct you can demand them to print a retraction. Kindly make introspection, assess your resolve and decide. Their acts were unfair /illegal and to subdue they have lodged an assault so that you do not peruse the matter.

It is felt that you may pay a visit to your lawyer with all records and inputs and your lawyer shall advice you on the matter and strategy. You can also visit the o/o Labor Commissioner, and discuss the matter. You shall get useful inputs on merit and possibilities.

Dear Sir,

Thanks for the valuable points. I have not received any communication/remark/comment vide a letter/appraisal report etc apart form that Relieving letter. The HR Head did mention in one of his email communication (which is post exit i.e. after leaving the organisation) that my post exit and post resignation behaviour is unsatisfactory. I did raise my voice for this, as I was not into any contractual relationship with them. Apart from this there is neither a memo nor an oral communication was made to me during my tenure with the organisation. I did mention all these things in one of the email which is marked to all heads of the organisation including CEO, MD and all my reporting managers.

Inturn, I have received an email from the Org.s USA Head Office HR head to confess for what has happened so that they can issue me a revised relieving letter (i.e. without Behaviour clause). I even questioned them for having this clause only for me. The clause "Behaviour" was not  part of any other employees relieving letter till that date. After me questioning the same, they did include this clause in the relieving letters. At present, all the employees are getting the relieving letter with such clause (Behaviour-Satisfactory).

I did hear from some of my ex-colleagues that, the HR head is still waiting for my apology letter and making statements that will definitely ruin my career. Many had similiar experiences with this HR head but they do not want to come out strongly and they have compromised with him.

Fortunately, I am having a copy of all the Rewards and Recognition emails, appraisal letter email, client appreciation emails with me.

I am still having few doubts with regard to the Defamation.

- Do I need to pay a court fees to file a defamation case?

- I have not signed the hard copy of the confirmation letter. But the HR team had sent me an email with the scanned copy of the Confirmation letter asking me to collect the Confirmation letter. I could not collect it as I was at the client place. Point to be noted here is that, as per the offer letter, a employee has to serve 1 month notice if he is a non-confirmed employee and 2 months notice if he is a confirmed employee. As I mentioned in the earlier threads, their revised policy (the communication of the same was made through email but no hard copy of the policy changes wer acknowledged by me) all confirmed or non confirmed employee should serve 3 months notice. Under the above circumstances, what would be my emplyment status? Is it confirmed or non-confirmed?

I am approaching the lawyer tomorrow, but would like to have few more clarity on the issue I am facing.

I am really thankful for your time and patience.

""CHU KAR AZ HAMMA HEELTE DAR GUZASHT
HALAAL AST BURDAN BA SHAMSHEER DAST!!""-
“When all modes of redressing a wrong having failed raising of sword is pious and just.” GURU GOBIND SINGH JI!

The conduct of this offender HR guy is perturbing. The comments given below are heartfelt opinion. Please consult your elders in the family, your spouse, children, brothers and sisters, all near and dear ones introspect and take a qualified decision, before you act.

You have posted that:

-"Inturn, I have received an email from the Org.s USA Head Office HR head to confess for what has happened so that they can issue me a revised relieving letter (i.e. without Behaviour clause). I even questioned them for having this clause only for me. The clause "Behaviour" was not part of any other employees relieving letter till that date. After me questioning the same, they did include this clause in the relieving letters. At present, all the employees are getting the relieving letter with such clause (Behaviour-Satisfactory)."

Your job is virtually done. Obtain your revised relieving letter (i.e. without Behavior clause) or you may press further for revised relieving letter (i.e. with (Behavior-Satisfactory). You are entitled to get it since it has been denied to you despite your good conduct and to support the bad conduct and inner ill wishes of good office of HR Head.

This HR personnel of the company has lowered the sanctity and image the good office of HR Head.

Once you have received it slap it on the face of this offender HR personnel, and positively show it to many other “fellow colleagues who do not want to come out strongly and they have compromised with this offender HR personnel.” This shall infuse enough confidence in them in their future transactions and these fellow colleagues should be made your witness when you sue this offender HR guy, who has been issuing statements “that I shall ruin his career”.

This virtually means that he is vindictive to the extent that he shall continue to letter nuisance for you in times to come. This attitude of this offender HR guy is perturbing. By common sense he does not deserve to be pardoned.

This HR guy stressed, harassed, tormented, you and stepped on your toes and abused the power of chair granted to him to murder your career livelihood, all finish the labor of your parents to educate you, and all the labor of all the years you have toiled to gain experience and become a fine professional. He is sadistic, psychopath. During your employment there was no adverse comment in your personnel file and still he is hell bent to murder your career in small IT market.

You may demand to examine your personnel file in writing under acknowledgment.

Take it for sure that if you peruse your complaint further this offender HR guy shall be on the exit door for rest of his notice period, and after that he shall reform. Form a community of all fellow colleagues and chase, tame and shame him, in all his at least 2-3, future endeavors. Let him face reference checks, and adverse comments and adverse feedback. Let his employers know that he is facing criminal charges.

Lodge a complaint and demand that his passport to be surrendered in court. Let him take leave from his employers and attend court at his personal expenses. You shall witness his head hung to his toes.

You must do enough to reform him and beg apology in writing. If he is left to loose around in civilized society unreformed he shall continue to litter nuisance with his high/large/false ego/tantrums.

You have not accepted confirmation and terms of confirmation and you should first collect your relieving letter and press for conditions accepted by you in its first place only. You may have to tender court fee but you shall see him offering to compensate you for everything. Otherwise also your company shall come forward to make good for your loss. If nothing happens courts of law shall decide. You seem to have a good case.

Kindly obtain qualified opinion of your lawyer based on all records, inputs by you to your lawyer.

You have posted that:-

"Inturn, I have received an email from the Org.s USA Head Office HR head to confess for what has happened so that they can issue me a revised relieving letter (i.e. without Behaviour clause)."

While company has started issuing relieving letter with expression of conduct as "Behavior-Satisfactory" to all other Ex. employees after you highlighted your grievance.

This implies even after all representations made by you company is still not willing to issue to you the relieving letter with expression of conduct as "Behavior-Satisfactory." Thus the dagger is still hanging on your head. Do not lower your guard.

The company seems to have decided not to issue revised relieving letter with expression of conduct as "Behavior-Satisfactory", to you.

You should not give up persuasion, persistence, negotiation, reasoning till you get revised relieving letter with expression of conduct as "Behavior-Satisfactory". Once you have it you can feel relieved.

Persist. Be smart.

@ Mr. Kumar Doab...

Dear Sir,

I really admire your thinking and writing skills..From the begining you have given me enough confidence to fight against the worst. I will keep all your words in Mind and approach a qualified lawyer today itself. Will keep you posted on this matter. I do have got evidences like, 200% salary hike within four months of joining the organisation, employee of the month award, spot assessment award, client appreciation letters etc.

I want him to send me an apology letter along with the revised service certificate.

Let me end this conversation with "Che's quote - "If you tremble indignation at every injustice then you are a comrade of mine""

Thanks for you advise and moral support as always.

From your post it is understood that you have focused on your KRA's, delivered the deliverables, and surpassed the goals and objectives assigned to you, and you were rewarded by the company with 200% rise in salary. It is felt during your period of performance companies were struggling to reach the breakeven due to recession and slump in the market. Such employees are rare to find.

A sensible Head of company, Head-HR shall give glaring farewell to such an employee and announce that such employees are welcome to be onboard anytime in future. This is a basic curtsey. There are such employers and personnel in industry who shall do it without any hesitation. They leave a room for association in future, and set an example for other employees. It is a good HR practice. Employees flock to such employers, and recommend to their peers.

You became a victim of inflated ego, high handedness, and vindictiveness of this zealous HR-Head. Your resolve to achieve a dignified and logical conclusion is commendable.

Kindly form a community of like minded colleagues and if possible a union in your sector, and come back to forum. Your feedback shall help many fellow citizens who visit the forum.