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Notice period of appointment letter for staff

(Querist) 23 April 2014 This query is : Resolved 
Dear Sir,
kindly advice regarding notice period if there is three months mentioned in the appointment letter of staff & he is confirmed Should we can issue another letter as your notice period after confirmation will be for one month Instead of three months. It will be legal
regards
shailesh pandey
Kumar Doab (Expert) 23 April 2014
As per various threads posted by you there are employees union in your company.

Probably you have settlements in place.
You have been contemplating to reduce leave, retrench staff.

It is felt that you need to negotiate change in service conditions with employees unions.

It is up to employee to accept or reject the change.

If your Establishment is contemplating retrenchment then it is but obvious that you are contemplating the change for your benefit and for loss of employees.

You shall be facing resistance and move may boomerang.

Rajendra K Goyal (Expert) 24 April 2014
You may proceed provided employees agree and accept it.
shailesh pandey (Querist) 24 April 2014
Dear Goyal Sir,
Thanks for specific answer . Union is for the workmen & Staff are excluded from it. Clauses of Appointment letter can be changed duly serving letter to the employee As - Refer to our appointment letter clause no 12 regarding notice period three months shall be substituted with notice period one month.We will take signature as token of acceptances . After this exercise whether there will be any legal complication. kindly advice.
regards
shailesh pandey
P. Venu (Expert) 24 April 2014
It appears that instead of following the law and abiding by it, you expect the law to be at your call.
T. Kalaiselvan, Advocate (Expert) 24 April 2014
Expert Mr. Venu has found the actual intention behind your such move, do you have an answer for this. However, please exercise caution before going against the wishes of employees.
shailesh pandey (Querist) 25 April 2014
Dear Sirs,

We are HR Managers must take care of Employees as well as employer's Intention. Recently Company has paid Three months notice pay to the 3-4 employees & earlier it was suggestion from our dept. to the management while new recruiting ,we should start to write One month notice period instead of three months.
some staff members are still of Three months notice ,that's why we desire to change it.
After acceptances of those employees , can we replace/substituted notice period.Kindly advice
regards
shailesh
Kumar Doab (Expert) 25 April 2014
Designation alone does not decide individual shall be covered as 'Workman' as in ID Act, 'Employee' as in Shops and Commercial Establishments Act!

Hence office staff may also be covered!

Bombay Shops and Commercial Establishments provides for that "decided is that the provisions of Industrial Employment (Standing Orders) Act, 1946 in its application to the State of Maharashtra and the Rules and Standing Orders including Model Standing Orders mutatis mutandis apply to all establishments under Shops Act as if they were industrial establishment and that applicability is not restricted to establishments in which 100 or more employees are employed."


If standing orders are certified (CSO) and are extended to office staff as well and notice period is 3 months in CSO then it can't be 1 month in appointment letter, even in case of new employees appointed as office staff.

The service conditions inconsistent with standing order shall not survive.


If the establishment has been contemplating retrenchment ans some dispute is already registered before a lawful authority, court of law then it shall be unwise to alter service conditions. The change may not stand test of law.

If some service rules and regulations, are already referred to in appointment letter for reference for service conditions then it shall be unwise to alter notice period/pay in appointment letter without modifying such rules.

The person that makes suggestions to employer has to bear the onus of suggestions.

It shall be appropriate to consult a competent and experienced labor consultant/service lawyer before effecting any change in service conditions of any employee.

Rest is up to you.



shailesh pandey (Querist) 26 April 2014
Dear Sir,
We are covered Under factory Act.We are manufacturing unit. Are we should follow Bombay Shops and Commercial Establishments Act?.Asst.Manager & above are not comes in Employees category .At least they can be served revised letter for this changes. This is the last conversation in this regard. I use to ask this type of question because this is the only platform where We can request a suggestion & proper answers are advised by you .
thanking you
regards
shailesh
shailesh pandey (Querist) 26 April 2014
Dear Sir,
We are covered Under factory Act.We are manufacturing unit. Are we should follow Bombay Shops and Commercial Establishments Act?.Asst.Manager & above are not comes in Employees category .At least they can be served revised letter for this changes. This is the last conversation in this regard. I use to ask this type of question because this is the only platform where We can request a suggestion & proper answers are advised by you .
thanking you
regards
shailesh
Guest (Expert) 26 April 2014
Any reason for your statement, "Asst.Manager & above are not comes in Employees category?" If they are not employees what are they in your views? In fact, A to Z of the staff are employees of the company. The real distinction has to be between the executive and non-executive/workers class of employees.
shailesh pandey (Querist) 02 May 2014
Dear Sir,
This is the last conversation in this regard,As One employee while receiving appointment letter she has noted down in Office Copy as She is accepting the appointment letter but she is not accepting three months notice . It should be for One month Only & signed. In her case what should we follow? One month or three month
regards
shailesh
Guest (Expert) 02 May 2014
When you have already allowed her to join & work on her term of one month notice period instead of three months, you cannot enforce three month's condition on her. If the company was not agreeable for one month's notice period, she should not have been allowed to join the job at the very initial stage of offer of appointment.
P. Venu (Expert) 02 May 2014
Every agreement between the employer and employee is a contract between unequal parties. While the employer cannot enforce an agreement or terms of agreement opposed to public policy, it is open to the employee to take advantage of it.


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