Resignation policy

Manoj Nainwal (Querist) 12 July 2013 This query is : Resolved
I have joined my firm and at the time of joining I signed an undertaking where in it was mentioned that if I have to resign I will have to give 2 months notice period and that must be during teaching period.

But after six months of joining a message came related to the change in resignation policy.

That new policy is totally unfavorable for employee.

I want to ask that can any firm or organization change resignation policies as per their suitability any time. Can I legally challenge them for this.

Please answer me.

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Guest (Expert) 12 July 2013
Please write the new policies and if the policies are not favorable you can file a suit for mandatory injucntion with the help of other employees if they agrees for the same and the results may be favorable to you or your collegues or agains you as the employer will become more harder.

Manoj Nainwal (Querist) 12 July 2013
Please read the new policy and suggest me is this allowed:

Resignation Policy for Teaching/Technical Staff (08/02/2013)
This is with reference to the feedback received from many of the members of teaching staff to review the provisions of existing resignation policy. The University has decided to relax the policy for the teaching staff members who plan to be relieved at the “End of the teaching period” or in “Non teaching period”.
At the same time, policy has been made strict to discourage the tendency of the teaching staff to leave during the teaching period. This practice seriously disturbs the teaching schedule as it becomes difficult to arrange another teacher immediately and even when another teacher is arranged it takes some time before the new faculty adapts to the course and its schedule. Results of all the classes taught by the teacher leaving get affected. The load of such teachers when transferred to other teachers during the term overloads them, which also demotivate the faculty
members who are sincere. This ultimately hampers the teaching at the University and amounts to grave injustice to the students and the cause of quality education.
The new policy has been attached as Annexure.
This policy shall supersede all previous communication with regard to resignation and termination and related matters in appointment letter, in confirmation letter or otherwise.
Annexure
Resignation/termination for relieving at End of teaching period (generally relieving on 30th April and 30th November)
Resignation/termination Compensation Relieving
Upto 31st March Without any compensation generally relieving on 30th
1 April st April to 30th April ½ month salary as compensation
Upto 31st October Without any compensation generally relieving on 30th
Ist November to 30 November th November ½ month salary as compensation
Resignation/termination for relieving during non Teaching period (generally May to July and December):
Resignation/termination Compensation
May 1 month salary as compensation
June 2 month salary as compensation
July 3 month salary as compensation
Upto 15th December 1 month salary as compensation
From 16th December to 31st December 2 month salary as compensation
Resignation/termination during teaching period (Generally 1st January to 30th April and 1st August
to 30th November)
Resignation/termination Compensation
January and February 4 month salary as compensation
March and April 3 month salary as compensation
August and September 4 month salary as compensation
October and November 3 month salary as compensation

Is this legally enough to communicate any time any kind of policy change.

Raj Kumar Makkad (Expert) 12 July 2013
No institute without obtaining the prior consent, can change the condition of service. If you all are sufferers of the changed policy, do file a writ before high court.

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