Change in notice period without informing employee

1. Does your industry as per its actvities part of ITeS?

  Ans It is BPO based in USA, I think it is a part of ites.

2. Are you a member of employee's/trade unions?

Ans. BPO industry does not have UNION.

3. And/or has your employer/trade of your employer been exempted from standing orders?

Ans 3. I dont know what is standing Orders.

Please elaborate "Private companies work on Bucket Policy. Instead of talking law with company management. Adopt BP. "

I didn't get it

Without any delay: downlaod every rule,policy,communication/email etc etc that esatblishes you are 'Agent' and also on your Role/Responsibility/KRA's etc etc, and that you shall be reporting to Supervisor and Supervisor shall decide (everything).

Once you have downloaded: Confirm. 

Avoid: Emotional Outbusts ( totally/beyond a limit) during meetings with anyone/anybody::: be it HR.

Send your details e.g; Full Name/address/phone numbers/email id etc by PM.

Remain amiable and gentle within the organisation that you have served, and excelled.

Download all apprciations/awards/rewards/appraisal policy-matrix-forms-result etc etc...and Confirm.

We are alomost done.

Respond and I shall get back to you ASAP.

Nothing to worry.

In the meantime:

Carefully and slowly go thru  following threads:

https://www.lawyersclubindia.com/experts/Experience-and-relieving-letter-614726.asp

https://www.lawyersclubindia.com/experts/Negative-Verification-615096.asp

While it is good to note that you have excelled in jobs assigned to you while in employment, it is regretting to note that majority of the employee's are ill informed.

There are unions for BPO/IT/ITeS and they have done a good job.

Contact Certifying officer that might be DLC, for standing orders and inquire if the establishment is covered by standing orders and if standing for the establishment are certified or Model shall apply.

If certified employer is under obligation to supply copy @reasonable cost say Rs.10/-

Employee or anyone can obtain copy from certifying officer say @ Rs3/page.

Check if your designation is covered by certified standing orders.

If standing orders are not certified by apply, then Model shall apply.

My hunch is that your designation might be covered by the def. Of ‘Workman’ as in ID Act.

https://hrylabour.gov.in/

Authorities Under Acts 

https://hrylabour.gov.in/page.php?module=pages&pid=5

Industrial Disputes Act

Industrial Disputes Rules

Industrial Employment(Standing Orders) Act, 1946

Payment of Wages Act, 1936

Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1965

Punjab Shops and Commercial Establishments Act,1958

https://hrylabour.gov.in/page.php?module=know_about

Haryana Follows:

The Punjab Shops & Commercial Establishments Act, 1958

https://hrylabour.gov.in/page.php?module=performaFresh

INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946

13. Termination of employment:

-(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.

(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated

. 16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate. 17. Liability of 17[employer].--The 19[employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

https://pblabour.gov.in/Content/documents/pdf/acts_rules/industrial_employment_standing_orders_rules.pdf

While you send PM mention weblink to this thread.

It shall be easy to relate.

It is practically not possible to remember all threads.

Mention title of the query 'Change in notice period without informing employee' in the subject line of PM.

If standing orders apply,  employer is under obligation to display ata  conspicious place in establishment,ALSO. 

The Punjab Shops and Commercial Establishments Act, 1958 Act No. 15 of 1958

23. NOTICE BY EMPLOYEE.- (1) No employee, who has been in the service of the employer continuously for a period of three months, shall terminate his employment unless he has given to his employer 53[thirty] days’ previous notice or pay in lieu thereof.

(2) Where an employee contravenes the provisions of sub-section (1), his employer may forfeit his unpaid wages for a period not exceeding 1 [ thirty ], days

The Punjab Shops and Commercial Establishments Rules, 1958

(First published in Punjab Government Labour Department Notification No. 6089/5544-C-Lab-58, dated 13th May, 1958)

https://hrylabour.gov.in/docs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf

My hunch is that you might be covered by the def. of 'Employee' as in The Punjab Shops and Commercial Establishments Act.

Where is the line ; That if notice period is not served it would lead to 'Job Abondonment'.

Some Extracts from your posts:

‘The employer reserves the right to adjust notice period against……………..accrued leave/salary.’

• on 9th September they uploaded a notice in which it is written that notice period has been changed to 60 days from Sept 1st, ’

‘Any amendments or modification to this appointment letter shall be made in writting through email or letter to you‘

• New Rule "Clause no.4 (b) & (c) of your appointment letters is being revised with effect from September 1, 2016 to the following: …………… b ) During the Probation Period, you can terminate your employment by giving Convergys sixty (60) days advance notice in writing. However, it is clarified that during the Probation period, Convergys reserves the right to discharge/ terminate your employment without notice and / or without assigning any reason. ‘