HR
Satyam
(Querist) 13 September 2015
This query is : Resolved
Hi,
I am working in a manufacturing company at Bangalore as per my service agreement which I signed during joining state that my notice period as 1 month but post my joining HR officer of our company circulated a mail stating the notice period has been changed to 3 month from 1.4.2015 which I have not received. I am resigning now company want me to serve notice period of 3 month.
My queries are
1) whether mail circulated above binding on me.
2) under which act I can sue company?
Regards
Satyam
Kappil Cchandna
(Expert) 13 September 2015
Sir,
what makes the mail not come to you, I mean whose fault is that?
Were you the only employee who didn't get the email or were there other employees as well?
Warm Regards
Kapil Chandna Advocate
9899011450
Kumar Doab
(Expert) 13 September 2015
>>> This has been discussed in endless number of threads at LCI also:::::: Remember that::::
Employer/establishment is subordinate/servant/inferior to the law of the land and has to ensure faithful observance of the law of the land and various enactments that are enacted as per law of the land.
The notice period/pay is part of service conditions that are governed by various enactments applicable to establishment/employer/employee.................and these enactments being Act/Instrument of Law/Statue shall prevail upon any private agreement/rule/policy drafted by employer and signed with employee e.g: offer letter/appointment letter/contract of employment/service agreement/HR Policy/Service Rules and regulations/Employee handbook etc etc etc.......................
Then there are various decisions including by constitutional bench that have become a law.....................
>>> In addition to it:
--NO email or letter of HR personnel shall apply to anyone as far as service conditions are concerned until or unless HR personnel is empowered by the Board.
--Change in service conditions is not a one way traffic and can not be effected in arbitrary manner. The employer has to issue a notice and until accepted change may not apply.
--If the email was not supplied to you then it does not apply to you. Usually such emails are sent a group by a group email id..................and if you ungroup you will find email id's of each one in group.
Check if your email id was in it.
--If the service agreement states that it shall prevail upon appointment letter then it shall continue to prevail upon appointment letter.
If the email states that the notice period mentioned in appointment letter stands changed......................then since you have signed service agreement the email is not meant for you.
>>> Do you have copy of the service agreement,appointment letter, email with you?
Have you stated in writing that you have not received the email....................and you have not accepted the email therefore the change does not apply to you?
>>> The service agreement was signed in lieu of what extra ordinary favor by the company to you?
Or the employer without any extra ordinary favor stated to you that you have been given employment hence you should feel obliged and you need to sign service agreement?
Rajendra K Goyal
(Expert) 14 September 2015
The mail was not received by you, and company did not care to confirm it otherwise.
However, you may raise this in writing that you were not aware of the change, hence not bound.
Kumar Doab
(Expert) 14 September 2015
The employees are also getting smart and smarter.
You may go thru the following thread and post of another employee.
You can note that the employee has done his home work,well prepared for the matter.
Kumar Doab
(Expert) 14 September 2015
The link to the thread is:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=127023&offset=0#.VfZlcH1-jMo
T. Kalaiselvan, Advocate
(Expert) 21 September 2015
You may follow the suggestions made by expert Mr. Kumar Doab in this regard.
