Notice period
vimal Kumar
(Querist) 16 February 2015
This query is : Resolved
Hi,
Recently a friend who is working for a BPO in Mumbai, Got a e-mail from administration saying that from the next month, notice period for resignation has been revised from one month to two months. He has not so far agreed to this in writing.
In the signed job agreement contract the agreed notice period for resignation or termination is one month.
Can the company enforce the new notice period.
Thanks and regards
ADV-JEEVAN PATIL, MUMBAI
(Expert) 16 February 2015
Yes where you are working and complying with their terms, we should follow else you have to approach consumer court fir justice and is lengthy procedure. Therefore is advisable to foloow.
Anirudh
(Expert) 16 February 2015
Yes, the Company can enforce the two month notice period. What your friend agreed in the initial period need not remain static. Your friend not signing /acknowledging the latest circular / instruction will not affect the right of Company in any way.
Rajendra K Goyal
(Expert) 16 February 2015
If the company has decided notice period for two months either your friend has to agree to it or switch over the job.
Guest
(Expert) 16 February 2015
Well Advised by Expert Mr.R.K.Goyal
Kumar Doab
(Expert) 17 February 2015
The question arises whether BPO can do it in case of your friend (employee) or not?
BPO/KPO/IT/ITeS companies /Call Centres ....are covered by Shop and Commercial Establishments Act..... that was enacted to govern service conditions of employees working in such establishments.......
At Mumbai BPO shall be covered by Bombay Shops and Commercial Establishments Act :Sec:66: Notice Period as per length of service is max.30 days......... and as per Sec:38-B....if it employs 50 or more persons, standing orders shall apply.....and if standing orders are not certified Model Standing Orders shall apply.......
Standing orders are certified on the lines of Model Standing Orders. ..
Model Standing Orders: Sec13:During Probation Period notice period is NIL.....and after confirmation 30 days....further as per Sec:18 employer personally is held responsible for faithful observance of standing orders....
Model Standing Orders is a statue and shall prevail upon any private agreement drafted by employer and signed with employees..... Be it appointment letter/HR policy/service agreement/contract of employment etc....
In Maharashtra MRTU,PULP applies
and trade unions have traditionally been Strong. There are now employees unions of BPO also.
No Labor Official, authority can and shall violate such enactments, statue.......
As per ID Act:9a: 21 days prior notice is to be given for any change in service conditions...... Even
if notice is given employee should accept...... and also the change sought has to be in compliance with applicable law of the land......
Ask your friend to contact officials of Dept. Of Labor, trade union leaders e.g. CITU/AITUC/INTUC/BMS etc,able Labor Law Consultant worth his salt...... with confidence.......
Do post your feedbach after that so that we are able to update our knowledge......
There are many threads at LCI at which judgments of constitutional bench of Supreme court of India have been posted...... that you can refer.
If you find any difficulty....... Post and link shall be traced and provided.
