Change in Terms and Conditions After Resignation
What happens if a company changes the terms and conditions after resignation, even if during the probation period? They enforce a 90-day notice period, and after it is given, they require signing the new terms and conditions. Can I leave after fulfilling the 30-day notice period?
From India
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What happens if a company changes the terms and conditions after resignation, even if during the probation period? They enforce a 90-day notice period, and after it is given, they require signing the new terms and conditions. Can I leave after fulfilling the 30-day notice period?
From India
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The position prevailing on the date of resignation would apply if you were on probation and bound by the notice period of 30 days. The change in notice period is a substantial change and is applicable only prospectively. (As opposed to procedural changes which can have a retrospective effect, as per law). Did they state it would apply to pending matters? I hope not! You have to point out these aspects and press for early release.
From India, Mumbai
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1655From India, Mumbai
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As I also searched for reviews of employees in the present company, and it is negative. The same company does not relieve employees from serving the notice period. All clauses are in a solo direction and forcefully signed, other employees do not accept resignation.
Sir, can you please tell me what notice period I have to serve at the time of resignation and during the probation period? I was put on 24/01/22, and the terms changed on 25/01/22.
From India
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Sir, can you please tell me what notice period I have to serve at the time of resignation and during the probation period? I was put on 24/01/22, and the terms changed on 25/01/22.
From India
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You will be governed by the terms and conditions of employment as regards the notice period for the termination of probation. If the revised notice period for resignation of probation is incorporated/introduced after the date of your resignation, the clause will not bind you, and the employer is precluded from insisting you to give a revised notice period for resignation. Any change/modification in the matter of service conditions cannot be retrospective.
As you cannot seek to be relieved from probation by giving a 15-day notice as opposed to the laid-down period of 30 days stipulated by the employer, which has been agreed to by you, the employer also cannot act arbitrarily in the matter of the resignation notice period unless you have agreed, among other things, in the probationary orders duly signed and received by you before the commencement of employment.
The emphasis here is that the employer cannot insist that you give a notice period in excess of what has been mutually agreed upon between parties. More specifically, the resignation period for probation remains unchanged on the date of your resignation of probation.
P. Senthilkumar
From India, Chennai
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As you cannot seek to be relieved from probation by giving a 15-day notice as opposed to the laid-down period of 30 days stipulated by the employer, which has been agreed to by you, the employer also cannot act arbitrarily in the matter of the resignation notice period unless you have agreed, among other things, in the probationary orders duly signed and received by you before the commencement of employment.
The emphasis here is that the employer cannot insist that you give a notice period in excess of what has been mutually agreed upon between parties. More specifically, the resignation period for probation remains unchanged on the date of your resignation of probation.
P. Senthilkumar
From India, Chennai
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