Deepak (Manager) 18 March 2013
My appointment letter issued 4th April 2012 says 0 days in case of termination/resignation. But a policy notice released y company on 20th Nov 2012 say mas every management trainee (My role) has to serve a notice period of 30 days minimum.
Now am I entitled to serve notice period/payment in lieu of that based on new rule as based on this earlier clause mentioned in appointment letter should become null and void
Please guide in case I have to go legal what to do
Kumar Doab (FIN) 19 March 2013
As per your need and perception the change in notice period is beneficial or acceptable to you or not?
If you do not want it to accept, it shall b better to decline in writing and affirm that notice period as stated in appointment letter dated……issued to you shall remain.
Usually it is written by majority of the employers in appointment letter that the terms and conditions/policies as communicated from time to time shall be acceptable/ applicable to employee.
The change in service conditions should be accepted by employee in writing.
The service conditions are stated in Certified Standing Orders of the company/Model Standing Orders, appointment letter, statue…..
If company has extended its standing orders to your designation, then service conditions should be governed by standing orders. The service conditions stated in standing orders shall prevail, and can not be negated in appointment letter.
If standing orders are not applicable, appointment letter shall govern the service conditions including notice period.
In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standard Standing Orders Act, and the like. So, if the employee falls within the definition which has been provided under the said enactments, then he would be protected to that extent.
In absence of coverage under the said workman related enactments, the notice period is dependant upon the advertisement calling for applications, letter of appointment, employment agreement and the standing orders (service rules). If the alteration in notice period is made in the standing orders, then it has to be ascertained whether there was an agreement between the employer & employees' union empowering the employer to alter the conditions in the service rules.
As per provisions of IESO Act/Model standing orders, notice period is not applicable to trainee/probationer…..
13. Termination of employment
As per SE Act of some states if period of service is less than 3 months no notice period is applicable e.g. SE Act Delhi, and max. notice period is 15days/1month.
30. NOTICE OF DISMISSAL.
The SE Act applicable to your state, IESO Act/Model Standing Orders, ID Act etc may be available at Dept. of Labor website of your state.
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