Can an employer increase the notice period from one month to three months without the written consent of the employee?

Dear Seniors,

Can an employer increase the notice period from one month to three months without the written consent of the employee?

Thanks,
Mano

Mano,

Employers can increase the notice period from one to three months, and this change must be communicated to the employees in writing. Please review the terms of reference as outlined in the appointment letter.

Understandably, there may be some resentment from a few employees; therefore, HR needs to explain to them why this adjustment has been made from a business perspective and ensure their compliance in writing.

Regards,
Rajat

Dear All,

Can it be more than what is mentioned in the Shops and Establishment Act? Does the employer have the freedom to deviate from the law under the name of agreement?

Regards,
Anjali

Dear Anjali,

The answer is no; the employer does not have that freedom in a court of law. Nobody is above the act. An employee has the option to reject the same. A notice period should be equal from both sides to be fair, based on the employee's position in the company (certain key positions require a 3-month notice, which is currently being exploited by employers at all levels. It's a shame, but employees are accepting the same due to obligations).

Regards,
Ukmitra

Actually, my fury is towards the system which has the laws but is not audited by the government (if at all can be offered ...). It does not take any action unless somebody complains about it, and nobody would complain as to such an employee nobody would like to recruit as well. So is the case with the so-called Service agreements. Almost all the IT giants have bonds under the name of agreements. Which government authority checks the contents of the agreements?

Hi Anjali,

You have actually opened the "Pandora's Box." That is exactly the job of our Labor Commissioner and labor officers: to ensure the Act is implemented by all companies doing business in the state.

It's ironic that only when you have a problem, you have to complain, and only then will action be taken. Unfortunately, this is what often does not happen. The legal hassles you would encounter are enough for the rest of the employees and society to never take those steps. However, someone has to be like Gandhi.

You will be surprised to know from a few employees about the funny service agreements some companies have made them sign. It's as if the employee is a "bonded Educated Intellectual Slave," and due to ignorance, the employees do not challenge it.

UKmitra