Manas (execuitve) 31 December 2009

3 months notice period

Dear Experts,

In my appointment letter only 1 month notice period is mentioned but later after 4-5 years now the management is changing it to 3 month's notice period. In that case am I liable to serve 3 months notice? And if I dont is there any legal action that my company may take against me? I am ready to leave notice pay. i,e., salary for the period I am not serving. Will I get relieve letter?

Manas

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7 Replies

Vijayarajan (Executive Director) 01 January 2010

Dear sir,

The management has no authority to alter the service conditions without giving notice of change under the Industrial disputes Act. Please very whther such a notice was served and or a triparty settlement was reached before a conciliation officer. The provisions may be verified Sec. 9A of ID Act 1947

Vijayarajan

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 01 January 2010

ANY CHANGE OF POLICY MUST BE INFORMED TO CONCERN AND GET ACCEPTANCE, OTHER WISE THE OLD PROCEEDURE HOLDS GOOD.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 02 January 2010

As the appointment letter is an agreement between employer and employee hence no susequent change can be eefcted only by single party without the acceptance of other so subsequent unilaterly change is not applicable in your case and you can submit the salary equavalent to only one month before leaving the job.

Manas (execuitve) 03 January 2010

Hello Experts,

Thank you for your valuable comments. Still the notice has not come and management is thinking on it. Soon they will issue new agreements to all the staffs. Now the question is if I dont sign the agreement, I will have to forced to resign which I cant do at this stage. If I sign I may find my self in problem, if a new job offer comes in future and demands joining in 1 month time.

Please advice sirs.

Manas

Himanshu (abc) 19 January 2010

Dear All,

I am also having quite a similar problem. At the time of joining i have notice period of 1 month mentioned in my appointment letter and 1 year after company changed it to 3 months. They updated there HR policy and send us an email (Note:- This change is affected to our team only and not to the whole oganisation). I have not given any acceptance.

Now, as i have given my resignation they are asking me to serve 2 months notice and 30 days of holidays they are considering (I am having 45 days of holidays left but they r considering only 30 days as per the HR policy).

I have already served 1 month of notice and they are asking me to serve for 1 more month but my new employer cannot wait for me for another 1 month. They are also not considering any buy out option which my new employer are ready to provide.

Kindly provide ur suggestions.