If the policy has been changed by the employer without informing you then you should also change your policy of honouring the agreement and should not pay any money. Leave tge company. Company policy cannot be changed without informing and taking consent from the employee.
Notice period buyout
Hi, I signed a contract with my employer based on the below conditions. But now the employer is refusing to exercise my right to buy out 1-month notice, stating that they have changed the policy. Termination of Employment a. There will be a probationary period of O days before a permanent employment between you and the Company is to take effect. Company reserves the right to extend the probationary period. Either party may terminate the appointment by giving the other party written notice with the notification period as stated below: Service Period Notice Period Required Probationary period One month notice or payment in lieu thereof After Probation Three months notice or payment in lieu thereof b. Your employment may be terminated by either party with not less than one month written notice during probationary period or by three months written notice after probation or by payment of salary in lieu thereof.
Asked 4 years ago in Labour
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8 Answers
any change in policy is not binding upon you unless it is accepted by you
2) you can send cheque for one month period as per contract signed by you
1. Unilaterally employer can't change the policy without consulting the employee.
2. You have not signed for the change of policy initiated by the employer.
3. If your employer troubles you, send a legal notice to him to resolve the same.
- Probationary periods are often applied to new employees as a means of determining their capabilities in a new job.
- Hence, the employer can terminate during the probation , and employee can also leave the job with the terms and conditions mentioned in the appointment letter for probation.
- Hence, if an employee leave the job during the probation period , then the company cannot take any legal action against the employee
- Since the offer letter having clauses of one month notice or payment in lieu thereof , then employer is bound to comply the said terms.
- You are free to leave the company during the period of probation .
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
You may tender the resignation and can invoke the terms of the employment what you have written here.
This resignation notice may be sent by registered post in writing besides email communication.
You can make clear the last working day and your willingness to compensate the balance of notice period from the date of your last working day and leave the organisation on the next day of your last working date mentioned in your resignation letter.
The organisation has no rights to hold you back beyond the said period or any reasons, you can invoke the clause mentioned in your employment offer letter.
If they are going to court, you can challenge the same on merits.
Dear Sir / Ma'am,
A company's policies themselves are not legally binding contracts. Also, a policy cannot supersede a contract. Hence you are only obligated to work out your termination as per the terms of the contract that you have signed with your employer. Try to contact your employer and explain to them the same, if it does not work out you can issue a legal notice to your employer.
Thank you.
Change in Policy is not going to novate/supersede the notice period spelt out in your Agreement.
They have to strictly follow the stipulations contained in the Agreement; and no deviation therefrom is permissible.
You can buy out the same they can't legally stop you. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
