Hi,
I am writing this with regards to the company (Synova) that my wife works with.
She has been working with the company for almost 2 years.
At the time of joining, she signed a contract agreement which says that she needs to give a notice period of 1 month before leaving.
After 1 yr of joining, the company changed the rules by extending the notice period to 3 months by informing all in an email, but they didn\'t make any new agreement for my wife to sign.
My question is, will this change of policy for 3 months notice hold when there is no signed agreement?
They are currently asking her to forgo 2 months of pay if she wants to leave early or pay for the buyout. Can she proceed legally against the company?
Awaiting your valuable feeback,
Thanks in advance,
Adi
From United States
I am writing this with regards to the company (Synova) that my wife works with.
She has been working with the company for almost 2 years.
At the time of joining, she signed a contract agreement which says that she needs to give a notice period of 1 month before leaving.
After 1 yr of joining, the company changed the rules by extending the notice period to 3 months by informing all in an email, but they didn\'t make any new agreement for my wife to sign.
My question is, will this change of policy for 3 months notice hold when there is no signed agreement?
They are currently asking her to forgo 2 months of pay if she wants to leave early or pay for the buyout. Can she proceed legally against the company?
Awaiting your valuable feeback,
Thanks in advance,
Adi
From United States
Hi,
It will depend upon content of mail which is forwarded to employees and action against it taken by employee.
In law there is provision of implied contract..according to which n some cases action is taken as consent or you can say silence is also considered as agreed. So we have to check cases by case.
From India, Hyderabad
22It will depend upon content of mail which is forwarded to employees and action against it taken by employee.
In law there is provision of implied contract..according to which n some cases action is taken as consent or you can say silence is also considered as agreed. So we have to check cases by case.
From India, Hyderabad
As per my opinion, If there are some other clauses in which it has been mentioned that any of the condtions or rules (inserted in the agreement, which has signed by her) may be changed or modified or amended, with of without intimation to the employee., then it may be possible that they can change the clause of Notice period from 1 month to 3 months.
I would like to advice to see all the conditions, which are available in the signed agreement.
Regards,
From India, Sholapur
I would like to advice to see all the conditions, which are available in the signed agreement.
Regards,
From India, Sholapur
Hi White Eagle/Atul,
Thank you for the quick reply.
As you said, the changed policy states that it is with reference to the Seperation Clause in the appointment letter. So, I guess there is nothing that she can do about it except to blame herself to not question it in the first place.
But I have another question related to the period of notice.
I have been reading some posts about natural law of justice and ID law about keeping the notice period same from both the parties. But in the changed policy it is only 1 month from the company's side. Does this stand? Can I approach legally taking this as a consideration?
Sorry, if I am being pushy, but the fact that a company asking for a 3 months NP just doesn't seem right for me and would like to really do something about it, especially when her work requires only 2 days of transition.
Below are the clauses related to the notice period in the appointment letter (signed) and the changed policy doc (not signed).
SEPERATION POLICY IN APPOINTMENT LETTER, signed April 20, 2010:
This contract of employment is terminable by either party by giving 30 days notice without any reason thereof. The company reserves the right to pay or recover salary in lieu of notice period.
The above terms and conditions are subject to Company Policy.
CHANGED POLICY sent in an email:
There is intense heat coming from our competitors / clients more rapidly than we ever expected, Keeping this in mind, we are implementing an initiative effective today.
This is with reference to the Separation Clause indicated in your appointment letter.
Please note that the clause is now revised and is applicable as below and comes into effective as on 21st Day of July 2011.
The Employee shall have the right to terminate this Agreement at any time, with or without cause, upon Three months prior written notice.
The company reserves the right to go legal on the employee if there is any dispute over the completion of exit formalities.
In addition to this, the Company shall have the right, to terminate this agreement without cause by providing 1 month of written notice.
Kind Regards,
Adi
From United States
Thank you for the quick reply.
As you said, the changed policy states that it is with reference to the Seperation Clause in the appointment letter. So, I guess there is nothing that she can do about it except to blame herself to not question it in the first place.
But I have another question related to the period of notice.
I have been reading some posts about natural law of justice and ID law about keeping the notice period same from both the parties. But in the changed policy it is only 1 month from the company's side. Does this stand? Can I approach legally taking this as a consideration?
Sorry, if I am being pushy, but the fact that a company asking for a 3 months NP just doesn't seem right for me and would like to really do something about it, especially when her work requires only 2 days of transition.
Below are the clauses related to the notice period in the appointment letter (signed) and the changed policy doc (not signed).
SEPERATION POLICY IN APPOINTMENT LETTER, signed April 20, 2010:
This contract of employment is terminable by either party by giving 30 days notice without any reason thereof. The company reserves the right to pay or recover salary in lieu of notice period.
The above terms and conditions are subject to Company Policy.
CHANGED POLICY sent in an email:
There is intense heat coming from our competitors / clients more rapidly than we ever expected, Keeping this in mind, we are implementing an initiative effective today.
This is with reference to the Separation Clause indicated in your appointment letter.
Please note that the clause is now revised and is applicable as below and comes into effective as on 21st Day of July 2011.
The Employee shall have the right to terminate this Agreement at any time, with or without cause, upon Three months prior written notice.
The company reserves the right to go legal on the employee if there is any dispute over the completion of exit formalities.
In addition to this, the Company shall have the right, to terminate this agreement without cause by providing 1 month of written notice.
Kind Regards,
Adi
From United States
Dont worry dear without signature of agreement is void as per contract Act.And only sending mail for change in company policy or condition of agreement is nt accountable.
Adv. Balaji
Executive-Personnel
From India, Pune
Adv. Balaji
Executive-Personnel
From India, Pune
Based on the narration of clauses, it seems that the decision of chaning notice period from 1 month to 3 months is taken in the interest of management only. I think, it has be to taken as accepted when it has been signed by the other party i.e. employee. So, in your case, if she has not agreed and not signed the acceptance copy, it would not be binding to herself.
Still for more confirmation, consult with any labour advocate for further steps..
Regards,
From India, Sholapur
Still for more confirmation, consult with any labour advocate for further steps..
Regards,
From India, Sholapur
Dear Adi,
Always rules are re-written and nothing is permanent.
Most of the appointment letter would have a line mentioned subject to changes at the discretion of the management.
Here the company has sent a mail to every employee and hope it would have displayed the same in the official notice board of the organisation.
If the employee had their grievances they would have taken the same to the HR department or management when they have received the mail or heard. many employees who have not accepted might have resigned in that month or next month.
Since they would have issued the appraisal letter in may for 2011 they might have thought to send a mail to all / inform through . but surely this year appraisal they will mention the same in writing.
Since they have not raised the consent it shows they have accepted the policy.
From India, Mumbai
Always rules are re-written and nothing is permanent.
Most of the appointment letter would have a line mentioned subject to changes at the discretion of the management.
Here the company has sent a mail to every employee and hope it would have displayed the same in the official notice board of the organisation.
If the employee had their grievances they would have taken the same to the HR department or management when they have received the mail or heard. many employees who have not accepted might have resigned in that month or next month.
Since they would have issued the appraisal letter in may for 2011 they might have thought to send a mail to all / inform through . but surely this year appraisal they will mention the same in writing.
Since they have not raised the consent it shows they have accepted the policy.
From India, Mumbai
The Management of a Company is entitled to change the conditions of service from time to time. The only issue is that whether the process for effecting the change has been adhered to. I am not sure from the available material whether the same has been done. However, it is clear that the change was notified way back in Jul, 2010. Normally, the ID Act requires that any proposed change must be duly notified. The purpose of such notification is that a person concerned can then lodge his protests to the move. If there are protests, the same must be considered and then only the decision is to be changed. Thereafter the changed rule takes effect. The issue has many connotations. The net gain by filing a legal case for this reason may not be commensurate with the trouble which will have to be undergone in taking the case to its logical conclusion. I believe that waiting out the notice period or foregoing the pay for two months needs to be considered by your wife.
Regards
Ranjan
From India, New Delhi
Regards
Ranjan
From India, New Delhi
A similar situation like this happened in the organization where I work. Staff were entitled to two days off within the week as contained in employment letter but later the policy was changed to one day off. The entire staff were made to sign letters sent to them accepting the change and one of the signed letters was kept in the employees\' file while a copy was given to each of them.
I think this is what should have been done in your wife\'s company for them to be on the safe side but in this case they are not.
From Norway
I think this is what should have been done in your wife\'s company for them to be on the safe side but in this case they are not.
From Norway
Dear Adi,
Would you pl.read the highlighted portions in RED vis-a-vis in BLUE. Both are at variance. The red portion says "30 days notice" on either party, whereas the blue portion which is a changed one has altogether gives a diff.meaning. This, according to the employer, cancels the right of the employee to quit with one month notice but employer can terminate upon 3 months written notice. In my opinion this amendment by e-mail infringes the fundamental right and also contrary to the signed agreement (despite the fact it was only conveyed thro e-mail which was not acknowledged and it cannot be proved). This is all the more one sided and legally cannot be enforced by the employer being arbitrary and didn't consented by you. You can hold on to the signed contract for sure. Only thing you should have proper documentation of one month notice to quit and handing over formalities.
All the best.
kumar.s.
From India, Bangalore
Would you pl.read the highlighted portions in RED vis-a-vis in BLUE. Both are at variance. The red portion says "30 days notice" on either party, whereas the blue portion which is a changed one has altogether gives a diff.meaning. This, according to the employer, cancels the right of the employee to quit with one month notice but employer can terminate upon 3 months written notice. In my opinion this amendment by e-mail infringes the fundamental right and also contrary to the signed agreement (despite the fact it was only conveyed thro e-mail which was not acknowledged and it cannot be proved). This is all the more one sided and legally cannot be enforced by the employer being arbitrary and didn't consented by you. You can hold on to the signed contract for sure. Only thing you should have proper documentation of one month notice to quit and handing over formalities.
All the best.
kumar.s.
From India, Bangalore
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LABOUR CONTRACT AGREEMENT.doc
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