Is we need to follow our updated notice period or appointmen

The notice period/pay/rate etc is part of service conditions and enactments applicable to the establishment/employer/employe shall govern the service conditions and not any private agreement/contract/rule/policy drafted by employer and signed with employee e.g. appointment letter/contract of employment/HR policy/Exit Policy/FnF policy/Service Rules and regulations etc...........................

Thus notice period and notice pay in lieu of notice period, rate of notice pay .............................all shall be governed by enactments e.g. Factory Act, (Name of the State) Shops and Commercial Establishments Act, Standing Orders (Certified/Model) etc………..e.g.
As per (Name of the State) Shops and Commercial Establishments Act, notice period shall be as per length of service and can be either NIL or say 15 days and max.30 days……………

As per Model Standing Orders: notice period shall be NIL before confirmation and 30 days after confirmation.

Thus you may first determine the enactment that is applicable to the employee and you will find the right answer in the enactment.

In all of these enactments there is a provision for notice pay in lieu bof notice period and NO private policy of the employer be it HR policy can suprsede the enactment.

Hi kumar, 

I am working in an IT industry based on Kerala.

Based on my offer letter, Notice period says about 3 months or lieu to buyable. When i discuss with HR Manager, they are saying that Buyout is not applicable as per the new HR policy. Hence i am realy worried about to join in to new firm.

So could you please suggest me, the best way to get reduce the notice period.

i.e, If i try to reduce the notice period with legal approach,  is there any circumtances that i have to face from current employer.(e.g is there any chance to make Background verification fail)

>>> When you initiate a query on such matters post following information in 1st post itself, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

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

Is the person designated as HR Manager has been authorized to sign acceptance/declinature of resignation,  by Board resolution? Is he/she your appointing authority or MD?

Did you record the discussion (audio/visual/minuted/witnessed)? Do you have any evidence of it?

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?

How many persons were reporting to you?

Did you have power to sanction leave/increment/appoint/terminate?

You have worked for how many months?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

Is it stated in appointment letter that notice pay in lieu of notice period can be tendered?

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?

Did you mention NO tasks are pending at your end and to whom you should handover the charge?

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

Have you consulted a lawyer and what is your lawyer's opinion?

>>> The employee should write to next employer (in employment application also) that notice period in current employment is……………….days and joining period is………………….days(same as notice period) and that current employer is unwilling to issue acceptance of resignation, relieving letter, service certificate, salary slip of all months, form16, PF a/c number and a/c slips of each year, NOC/NDC and you should be absorbed on the strength of copy of resignation ONLY……………………….and notice period should be bought out and paid to employee on joining on 1st day without any pre conditions.

>>> The state of Kerala is the 1st to include IT employee’s in Min. Wages Act.

IT companies are in Kerala are covered by Kerala Shops and Commercial Establishments Act.

The state of Kerala has brought all Commercial Establishments under the ambit of standing orders (Model/Certified).

Reply pointwise to all points and we can discuss further!