balajibabu
Hello friends,

One of my HR friend has come across the following situation on the notice period.

He joined couple of years (2007) back in a reputed manufacturing company in a Manager position where in company has issued him an appointment letter mentioning that he has to give 90 days of notice period and he has acknowledged the same?

They were practising 90 days and above for Managers & above

Below Managers - 30 days

However some Managers were in the same company over decade does not even have any appointment letter.

After sometime lot of Managers came with a discomfort on the 90 days notice period. Then, company has made a separation policy in the HR policy manual and mentioned that 60 days notice period and communicated to all employees during 2008.

But in the recent past, company once again changed the notice period for the people who have joined in the last one year, is issuing notice period of one month till GM position and 60 days for GM's & above.

Last week he has resigned from the company. Now company is asking him to serve for 90 days as he has signed in the appointment letter. However others who are in the same cadre joined in the last one year is mentioned as 30 days notice period.

He is in a fix because different communications are there 1) as per his appointment letter, 90 days 2) as per HR policy document - 60 days 3) Other employees in the same cadre - 30 days.

He was under the impression since the current employees in his cadre has 30 days and he also needs to follow the same. He has not bothered to ask his manager to issue the revised one.

When he shared the above communication, his boss has told him that since appointment order is a binding agreement and no revised clause of notice period is issued, he need to pay 3 months notice.

Please advise your expert advise / suggestion.

From India, Bangalore
rajanassociates
50

Dear
The inequality in the notice period for the same class of persons can be highlighted in the form of a letter and insistence on 30 days is to be projected as discriminatory.Wait for their response .
. With Regards
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail : rajanassociates@eth,net,
Mobile : 9025792684-9025792634
.

From India, Bangalore
malikjs
167

dear
in my veiw he has signed a agreement and as per that agreement he has to serve 90 days notice while leaving the organisation.agreement can be different for different employees.when there was a change in HR mannual and company has changed the policy than agreement clause should have amended to be signed by both parties.in the present situation he has
to give 90 days notice (as per my view)

From India, Delhi
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