Dear Legal Experts,
V. VASUDEVAN (LEGAL COUNSEL) 24 December 2010
At the outset a Company cannot change terms of notice ex-parte, without due consent of the employee concerned. Your employment is governed by the original terms unless you have agreed to the changes expressly. Also since your resignation is in October the terms of 3 months notice would not apply. If the Company Management is not considering your request, please lodge a complaint with the local labour department.
Kamal Prasoon Sinha (Service) 24 December 2010
As the change in notice period is unilaterally decided by the employer and not done mutually, you are not bound to follow the same. The earlier conditions of the employment contract is valid.
As of now I do not have the details of the judgments but few high courts and the supreme court have termed 90 days notice period as unfair labor practice.
Kamal Prasoon SInha
Rahul Borkar (Service) 25 December 2010
Thanks Vasudevan & Kamal Sinha for your inputs.
I have one concern, if I take any legal action against the company then will this hit my future career prospects?
Since no other company may like a candidate who has gone against the company despite the actual reasons behind it.
Let me know, please.
Also, I am not in the place of Job Location, can I post my complaint to the local labour dept? will this be considered?
Kamal Prasoon Sinha (Service) 25 December 2010
I can understan your concern and even i would not suggest you to go the court at this stage. As of now you need discuss with the concern HR all points including the legality of unilateral decision of the company to revise the notice period. You should tell the HR that any change in the employment contract has to be done mutually and the courts have termed 90 days notice period as unfair labor practice.
You can give such points in writing to the HR also. and wait for their reply
Kamal Prasoon Sinha
Raymoefter (Deputy Manager) 26 December 2010
I have was working for a Hyderabad based Financial Services Company for the last 7 and half years. I resigned from the job in july 2010 giving 1 months notice and my last working day ws 31st Aug 2010. In the meanwhile I completed the formalities for my PF withdrawal and sent it to the HR dept and also mailed them to settle my gratuity, my pending salary and other dues . I got the Relieving letter in the month of sept 2010.
But it has been four months and I have not yet received my pf and gratuity amt and nor my other dues are settled inspite of sending reminders.
I would be very much obliged if you'll can guide me how to go abt this case and which authority to approach.
Thanks and Regards,
Rahul Borkar (Service) 28 December 2010
Thanks again for providing information. My HR is stuck on the terms what i have been discussing. i have already passed the phase of good discussion. I have also posted my complaint in writing, but so far have not received any update on the same.
I had discussion with few lawyers as well but they its a time consuming and long process to carry the case in court. But my concern is the unfair/unethical practises which company is setting. Maybe they want to set an example so that no other employee thinks of resigning from company.
Your comments are most appreciated.
Pratheep Kumar (Asst. Manager - HR) 28 December 2010
You may fill up the EPF Form 19 & 10 C and submit the same directly to the EPF with the signature of Gazetted Officer for claiming your EPF account.
Pratheep Kumar. R
Rahul Borkar (Service) 04 January 2011
My HR has just reverted back stating that the recovery on gross pay is based on the company's guildelines as to when an employee leaves the company and if there are any balance NP days. may i know what is the legal view on the statement made by HR?
personally i feel if those are guideline then these should be printed on my terms of employement or whatever place where this should be accessible and known to employee.