Hi All,
I was employed at an MNC IT company. At the time of joining the company, I signed Employment Agreement in which notice period was mentioned as 60 days. During my tenure at the company, HR manager changed the notice period to 90 days. She intimated whole company through below email on 8.Sep:
"Dear All,
Please note that your notice period has been changed from 60 days to 90 days effective September 9, 20XX. This decision is based on internal deliberation and also considering the current exit practices in similar industries. All those who are currently on notice period, will serve their notice period for 60 days as per our earlier notice period policy. Any resignations post September 8, 20XX will have a notice period of 90 days"
I resigned from company and with mutual agreement took pre-mature exit after serving one month's notice. The company has now approached me with F&F and is demanding payment for 2 months that I didn't serve. My submission is, F&F should be calculated based on the original employment agreement as that is the one which we agreed upon and signed. For the extension of notice period, there was no amendment or new agreement signed between me and the company and hence this one-sided change from the company doesn't hold legal in the eyes of Law.
Can somebody help me to validate my submission and suggest whether or not I should take the company to the court?
Thank you.
From India, Panjim
I was employed at an MNC IT company. At the time of joining the company, I signed Employment Agreement in which notice period was mentioned as 60 days. During my tenure at the company, HR manager changed the notice period to 90 days. She intimated whole company through below email on 8.Sep:
"Dear All,
Please note that your notice period has been changed from 60 days to 90 days effective September 9, 20XX. This decision is based on internal deliberation and also considering the current exit practices in similar industries. All those who are currently on notice period, will serve their notice period for 60 days as per our earlier notice period policy. Any resignations post September 8, 20XX will have a notice period of 90 days"
I resigned from company and with mutual agreement took pre-mature exit after serving one month's notice. The company has now approached me with F&F and is demanding payment for 2 months that I didn't serve. My submission is, F&F should be calculated based on the original employment agreement as that is the one which we agreed upon and signed. For the extension of notice period, there was no amendment or new agreement signed between me and the company and hence this one-sided change from the company doesn't hold legal in the eyes of Law.
Can somebody help me to validate my submission and suggest whether or not I should take the company to the court?
Thank you.
From India, Panjim
Further when I brought up this point to the HR manager through an email, I received following response. Does it hold true?
"I have gone through the overall email trail and your pointers w.r.t. the notice period. Based on legal requirements to provide any notice of change to the conditions of employment, an email notification was sent to all including you of the change of notice period mentioning the effective date and applicability. By the requirements of law, this is considered as enough notification as these terms are non-negotiable and based on the changing business scenario. It was therefore not necessary to send you an amendment to your LOA which needed your acknowledgement and agreement. The email itself by law is treated as communication for ‘Notice of Change’ and is a regular practice followed by many industries. Not sure how your legal counsel is advising you otherwise.
We will need to process your f&f settlement this month with or without your agreement. Let us know."
From India, Panjim
"I have gone through the overall email trail and your pointers w.r.t. the notice period. Based on legal requirements to provide any notice of change to the conditions of employment, an email notification was sent to all including you of the change of notice period mentioning the effective date and applicability. By the requirements of law, this is considered as enough notification as these terms are non-negotiable and based on the changing business scenario. It was therefore not necessary to send you an amendment to your LOA which needed your acknowledgement and agreement. The email itself by law is treated as communication for ‘Notice of Change’ and is a regular practice followed by many industries. Not sure how your legal counsel is advising you otherwise.
We will need to process your f&f settlement this month with or without your agreement. Let us know."
From India, Panjim
HI,
Any amendment in contract is not valid till the time both parties are agreed upon in writing. As your company had sent you and email that does not mean it is applicable to you till the time you acknowledge the same.
You can approach labor office for getting your issue sorted if no response is given by your company regards to your problem.
377Any amendment in contract is not valid till the time both parties are agreed upon in writing. As your company had sent you and email that does not mean it is applicable to you till the time you acknowledge the same.
You can approach labor office for getting your issue sorted if no response is given by your company regards to your problem.
Dear Anamika, When mail extending Notice Period from 60 days to 90 days you have not replied to the said mail either giving your assent/Dissent.Your silence will be construed as acceptance of 90 days Notice Period.Further, it is clearly mentioned in the mail that "Any resignations post September 8, 20XX will have a notice period of 90 days"
Consequently,Now you have to pay for 2 Months shortfall in Notice Period. your argument may not be legally tenable
From India, New Delhi
Consequently,Now you have to pay for 2 Months shortfall in Notice Period. your argument may not be legally tenable
From India, New Delhi
Employment is deemed a Contract between the Employer and the Employed Person and the Contracting Parties execute the Agreement ( commonly referred to as Appointment Letter stating Terms of employment duly accepted and acknowledged in writing.
As such anyone Signatory can not lawfully insert any Change whatsoever without express written consent of the other Party, lopsided. Such insertion is outright Illegitimate and withholding of Full & Final Settlement or any proportionate unilateral deduction shall amount to ultra vires / unlawful act punishable under the Law. Submit your Written Representation to Management/Appointing Authority challenging their lopsided/unilateral illegitimate action and seek damages.
Injustice anywhere is Injustice Everywhere
Team Kritarth
info@kritarth Home | Kritarth Consulting Private Limited
16/6/17
From India, Delhi
As such anyone Signatory can not lawfully insert any Change whatsoever without express written consent of the other Party, lopsided. Such insertion is outright Illegitimate and withholding of Full & Final Settlement or any proportionate unilateral deduction shall amount to ultra vires / unlawful act punishable under the Law. Submit your Written Representation to Management/Appointing Authority challenging their lopsided/unilateral illegitimate action and seek damages.
Injustice anywhere is Injustice Everywhere
Team Kritarth
info@kritarth Home | Kritarth Consulting Private Limited
16/6/17
From India, Delhi
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