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Anish (Associate)     03 November 2014

Change in notice period

Hi All,

I have been working with an organisation since the last 2 years. My appointment letter states that my notice period is for a month or salary in lieu there off. The amendment point states that any changes in the above terms and conditions will be made in writing. Now I have an offer from another company and based on my appointment letter during the interviews I said that the notice period applicable was 1 month. Now, however, when I go to the HR online portal for Exit, it states that the notice period applicable is 90 days. The said change wasn't communicated to any of the employees thru any mode(Email, in writing etc.). I'm in a fix now as I can't tell the new company that they have increased the notice period as they can pull the offer. It is only thru the HR Exit portal that i came to know about the increase in notice apart from that no where it is stated not even on my profile where it states my reporting manager and other personal details. I would like to know if I can challenge them on the grounds that it was not communicated/documented to me that the notice period has changed?



Learning

 6 Replies

Sandeep Naik (Advocate)     03 November 2014

U have not stated what if u leave ur company withing 90 days what u will lose. U may leave ur company after giving Notice of 30 days stating that the amended was not communicated to u. It u r going to lose salary , then u may as the new company salary will compensate the same. Dont go for litigation. This wil affect ur new prospects.

Adv. Sandeep naik

T. Kalaiselvan, Advocate (Advocate)     06 November 2014

You verify the appointment conditions from the offer letter as well as in the appointment order.  You may tender your resignation as per the conditions notified to you in the above communications in your possession, send the same by registered post with acknowledgement due so that it should not go unnoticed.

Kumar Doab (FIN)     08 November 2014

Don't post  resignation at software tool.

 

Submit by letter addressed to appointing authority citing ref. of clause nuembers in appointment letter dated.....issued to you.....thru Redg. Post.

Don't forget to mention that no tasks are pending at your end......to whom you should handover the charge against acknowledgement on the spot.....and routine duties be assigned that can be completed on daily basis within and upto last date in office I.e. dated......

 

You may demand that acknowledgement of notice be supplied to you immediately by Redg. Post....acceptance of resignation be also supplied immediately and correct FnF statement be supplied for verification and acceptance by you, FnF dues by bank DD,Form16 as per correct FnF statement, PF number and A/c slips,ESIC card, Service Certificate,Relieving letter......etc be supplied within and upto last day in office I.e. dated.....

 

 

 

 

HR is not your employer. It has no power/authority to alter service conditions until or unless authorized by board of the company.

 

If you are pressed verbally record all meeting/calls (audio/visual).......and submit minutes.

 

You can very well point out to HR and escalate to good offices that The portal is erroneous hence you can't post electronically.

 

The notice period is governed by various enactments applicable to the establishment e.g.

Standing Orders(Model/certified), Shops and Commercial Establishment Act........and no private policy of the company and supersede a statue/instrument of law/enactment......

 

The HR is weak.

You have a good case.

Meet your labor law consultant,,employee union/trade union leaders  with confidence.

Pradeep (Sr Consultant)     11 November 2014

Hi,

When we were recruited for a central government job our notification and recruitment order stated that probation if for one year. We have completed two years of service and have not heard anything on confirmation. So raised an RTI through a common friend and the Chief Adminstrative officer replied that as per the central service rules people with grade pay 5400 will have two years of probation which can be extended for further two years.

Which will stand in courts or which is legal, the recruitment notification and recruitment order or the central service rules if a dispute arises in our confirmation

 

Kumar Doab (FIN)     11 November 2014

The recruitment order should be on your favorite. However you should it to your lawyer and let your examine it verbatim along with all other doc's on record including notifications and referred rules..... The lawyer that examined all doc's and merits can advise you the best.

Sudhir Kumar, Advocate (Advocate)     11 November 2014

Originally posted by : Pradeep

Hi,

When we were recruited for a central government job our notification and recruitment order stated that probation if for one year. We have completed two years of service and have not heard anything on confirmation. So raised an RTI through a common friend and the Chief Adminstrative officer replied that as per the central service rules people with grade pay 5400 will have two years of probation which can be extended for further two years.

Which will stand in courts or which is legal, the recruitment notification and recruitment order or the central service rules if a dispute arises in our confirmation

 

 

 

Is this the same case you discussed in

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=108520&offset=1


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