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Extension Of Notice Period Without Notice- Whether Attracts Sec.9A Of I D Act,1947 - CiteHR

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navneetgta
Recently our organization extend the notice period from 15 days to 2 months during probation. Please let me know weather it attracts Section 9 A of Industrial Disputes Act Regards Navneet
From India, Delhi
rajanassociates
50

Dear
You have not said whether it is a factory or coming within Shops and Establishments Act.Pls clarify.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
.

From India, Bangalore
navneetgta
Action has been taken by a multi national Software Development Organization registered in Delhi. Since the mail has been sent to all the employees, so it effects all the employees from junior programmer to manager. They didn't give single day notice. Policy has implemented from the immediate momment when the mail has droped.
Thanks and Regards
Navneet

From India, Delhi
essykkr
87

As per section 9A of ID Act, a proior notice of 21 days should be given to the worker/employees for the effect of any change in the service conditions in respect of any matters prescribed in Schedule IV appended to the Act.
There are 11 ground which has been mentioned in the IV schedule. As per me yours act of increasing notice period form 15 days to 2 months falls with the clause 8 withdrawal of any customary concession or privilage or change in usage. or clause 9 introduction of new rules of discipline or alteration of existing rules, except in so far as they are provided in standing order.
so in view of this a notice of 21 days is mandatory to change the resignation/termination notice period from the day of issuance of notice before effecting change.


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