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Law Aspire (Legal)     13 July 2015

Implication of change in notice period

Please provide your views on this practical situation:
 
Original appointment letter contained 1 month notice period which was accepted in writing by the employee. Appointment Letter not contained the statement that” the employment terms and conditions are subject to change as per Company’s policy amended from time to time”. 4 months Later by an e-mail HR department of the Company states that ” notice period is changed from 1 month to 3 months”, the employee don’t responds to this mail i.e.(he remained silent). Does it means acceptance of the condition on his part. What does Indian Contract Act and Employment/Labour Laws says about this. Does Silence means acceptance?

 


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 5 Replies

Kumar Doab (FIN)     13 July 2015

My under standing is NO.

The change in service conditions should be accepted in writing.

 

The notice period is part of service conditions that are governed by various enactments applicable to establishment/employer/employee and these shall prevail upon any private agreement/rule/communication/ploicy that employer has drafted and has signed with employee.

 

You are on which side: Employer or Employee?

 

 

 

1 Like

Law Aspire (Legal)     14 July 2015

I am Employee, but email is treated as valid communication people are saying

Kumar Doab (FIN)     14 July 2015

These people are right.

Communication and acceptance are two different things.

Communication by ordinary post, copy of the communication sent by ordinary post is also record and valid.

Copy submitted at reception where all dak is recived and seal/date/sign are affixed is also record and valid.

 

Consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm.

 

Law Aspire (Legal)     12 February 2016

What other views can b taken , company has sent me rcovery notice

Kumar Doab (FIN)     12 February 2016

This is 7 months old query.

 

The notice period is part of service conditions that are governed by various enactments applicable to establishment/employer/employee and these shall prevail upon any private agreement/rule/communication/ploicy that employer has drafted and has signed with employee.

 

Consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm.

The expert counsel that has examined all docs on record can advise you the best.

 


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