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praveendvdg
13

Dear Seniors,

Greetings for the day!

I work in a small company registered under shops and commercial establishment act. and work for the HR department from past 2.10 years. Recently we had an appraisal discussion and received the appraisal letter with a normal hike and clause mentioned on Notice period in the appraisal letter (This is first time am seeing in appraisal letter). am worried about the clause which is mentioned in the letter as the notice period/the termination clause been changed form 1month (as in Offer Letter-was agreed earlier) to 3Months (In appraisal letter). My questions are,

1. Maximum how many days can an employer ask for the notice period?

2. Can the notice period clause change in Appraisal letter?

3. Is there any law on the notice periods for the Organizations in India?

Pls help me on the same, As am worried about the clause of notice period and have not accepted yet. I feel this will affect on my carrier growth. Pls suggest me how to go in this case.

Warm Regards

Praveen Devadiga

From India, Bangalore
Adv. Manoj Liyonzon
54

There is no any specifications mentioned in law on notice period. Its just a industrial standard protocol being practised
Appraisal letter is different. Notice on change in notice period is different. It shall get effect only by mutual consent of employer & existing employee. Employee reserves rights to deny new notice period clause
No such law on notice period

From India, Chennai
RAMAKANT R
71

Dear Praveen,
The concept of notice period is a next person (predecessor) get the enough knowledge to work on the same job. Usually this period is of one month, as a special case the same can be upto 90 days considering the work process of the table. For this the Notice Period is taken so during the Notice Period the work can be very easily handed over the the next guy.
There are no specific rules for notice period. It has noting to do with the appraisal.
Ramakant

From India, Pune
praveendvdg
13

Thank you Manoj & Ramakant for your valid suggestions,
Here my concern is, Where the Notice period in offer letter is one month and the revision letter is issued with the change of clause on notice period as three months. Either it has been discussed to employees or informed to employees, before issuing the letter.
At one point of view, If the changes seems to be okay but, If any of the employees accepts this and get an good opportunity in future. He needs to serve the three months notice period and where the new employer can not wait for three months of notice to hire him. In that case it will clearly affect on the carrier growth/future.

From India, Bangalore
D.GURUMURTHY
107

Generally notice period is one month either side.
As they have given 3 months notice period in your offer letter. It holds good.
Regarding mentioning of 1 month notice period in appraisal is a formal to everybody.
Don't bother about it. Your offer letter 3 months will be valid.

From India, Hyderabad
sriram_bee
These are two separate things.
1. Appraisal letter, as it says will inform about your increment ( if any) and promotion/grade change (if any), generally speaking.
2. Change in notice period, is a policy decision by the organisation which should be circulated as a Notice.
Just check with your colleagues if the clause appears in others letter too? If not, then the management is indicating something to you.
Sriram

From India, Bangalore
praveendvdg
13

Thankyou Sriram, Here the clause reflect on all employees revisions letter and here I am only worried about the three months notice period as hike is given good to me.
From India, Bangalore
bpugazhendhi
112

The hike in pay and the revised notice period have come to you in a package. If you accept you accept both. If you are glad to accept the hike only and not accepting the revised notice period, you have to intimate it to the management. If you so intimate, the management may rethink about the hike also! A better way out will be to informally discuss with the management and ascertain their reaction. You may also discuss with your colleagues and find out whether there is a possibility that the management will accede to your wish. Then you can chart out your further action.
From India, Madras
Raj Kumar Hansdah
1426

Dear Praveen

Your concern is correct.

It is just an underhand way to keep the employees under pressure orat best deny them notice pay.

It is generally made to work one way - only in favor of employers. So if an employee even puts in a letter of resignation giving a NOTICE OF # MONTHS, the management will accept the notice and resignation and relieve him off the next day - ON THE PRETEXT THAT HE HAS ALREADY GIVEN RESIGNATION.

You will find many such cases in CiteHR.com. Unfortunately, most HRs having their own agenda of growth and better compensation or lack of good HR knowledge and skills, support such grossly un-ethical action on part of the "owners" of such small companies.

Moreover, as rightly observed by you, most of the companies would not like to wait for three months to fill-in their vacancies; so the employee has to resign early and is forced to pay the notice period salary.

Unfortunately there is no solution to such practices; except wide condemnation; even this is rare, as you will notice from several rejoinders that shall pour in to support such practices.

Warm regards.

From India, Delhi
hrdtbp
1

Dear , there is no any norms for notice period it differ company to company, its depend upon standing order of company & clouse of notice period given in appoinment letter. Regards Tejbhan pandey
From India, Bhopal
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