anshukhillan 22 February 2015

Change in notice period policy without acceptance

Dear Team,

I work for a leading firm in the services sector with headoffice in Delhi and offices in 9 cities in India. I work out of their Mumbai office. Recently employees above a certain designation got a e-mail for "proposal to change" notice period mentioned in the appointment letter from 2 to 3 months. It was also mentioned that in case of any concerns, employees can speak/write to the HR within 10 days after which it would be deemed as consent from employees

I clearly wrote a mail back to HR citing my concerns on the revised terms and did not agree to the same on e-mail within 3 days of receiving the mail. I did not get any response / reply from HR on my concerns. Now I have resigned from my organization and HR is saying that the revised notice period clause is applicable to to me. As per HR, organization is free to change the terms and conditions mentioned in the appointment letter as its sole discretion. I even checked my appointment letter and there is no clause stating that "employer can change terms and conditions of appointment" . All that is mentioned in " you would abide by the rules and regulations as framed by the firm from time to time".

Please let me know if the revised notice period clauses are applicable to me as I did not give any "formal acceptance" to their "offer to change clauses". Also let me know, under what law would this be governed (IDA, Standing Orders, Contracts Act or Shops and Establishments act). I am not a "workmen" and a part of managerial cadre int he firm

Looking forward to your valuable insights as the earliest

Thanks

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5 Replies

arulprasath (HR & Legal) 23 February 2015

please refer ID act, sec 9A and fourth schedule.

anshukhillan 23 February 2015

Hi,

I think ID act is not applicable to me as I am part of the managerial cadre

arulprasath (HR & Legal) 23 February 2015

ID act applicable except occupier and all other employees render service for salary are consider as employees.

(Guest)

Better check terms & conditions of your appointment to see whether the company has made a mention in any clause, the term, "as amended from time to time", or the like.

Kumar Doab (FIN) 01 March 2015

The communication is mere 'Proposal to Change'.

You have duly replied within 10 days envisaged by establishment.

The change does not apply to you.

Notice Period/pay is part of service conditions.................and even if company adds as 'amended from time to time 'may not help the employer..........................as service conditions are governed by various enactments applicable to establishments/employer/employee and these being Act/statue/instrument of law shall prevail upon any private agreement drafted by employer and signed with employee.....

The company has not stated that service conditions shall be governed by ...........................say Rules and regulations pointed out by you.

The HR is not your employer and is just another employee like you.

Escalate to good offices of your appointing authority,MD,Chairman.

Designation alone does not decide a person shall be covered as ‘Employee’,’Workman’ or not!

You have not clarified the establishment is : Industrial or Commercial.

In case it is latter the :

Delhi Shops and Establishments Act, 1954

Shall apply and it does not discriminate between ‘Workman’ and ‘Non Workman’ and hence your able labor law Consultant/service Matters lawyer may opine that you shall be covered as ‘Employee’ as in the Act and ‘Workman’ as in ID Act…..

Notice Period as per this Act is max.30 days…………………….

This Act does not rule out applicability of ID Act…………….and lays down that if service conditions are not drafted this Act shall decide the matter………………..

Approach your counsel with confidence..