Query Regarding Notice Period From Employer / Employee - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Psdhingra
Legal Analyst, Hrm
Vasudevdeepak
Hr/ir & Legal Compliance
Bizrahul
Business Analyst

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Dear all,

I am going to join a small IT firm where I noted strange notice period option. It is like 30 days from employer and 60 days from employee.

Also it's not clarified on offer letter that whats employee side notice period and employer side notice period during probation period of 6 months except that it has been mentioned that it can be
terminated any time during probation from employer which does mean 0 days notice.

But I was verbally informed that it would be 30 days from employee and 15 days from employer as notice period from employer.

My questions as below ->

1. Is this common to follow such different notice periods for employer / employee ? Is it legally valid and how often such cases are noticed ? Usually as I understand notice period is same
for employer as well as employee.

2. Should I ask employer to match notice period as same i.e. either 30 days or 60 days for both employer and employee or does it give wrong impression and message to prospective employer ?

3. Should I ask employer to correct offer letter with probation period notice details ?

Please clarify as soon as possible as I need to send acceptance of offer and start next steps from my end.

Dear Bizrahul,

First we need clarification about "Offer Letter" and "Appointment Letter". Former is issued to the job candidate when employer feels that the candidate deserves to be taken on board. The latter is issued once the candidate joins the employment. Clauses of probation period, notice period for separation etc are included in this letter.

Now my question is how come the company has disclosed so openly the conditions employment in general and conditions of separation in particular well before taking job candidate on board. This is something strange.

Coming to your query. Letter of Appointment is a contract between employer and employee. In your case, the company has included certain clauses that favours them. Therefore, the contract is one-sided. Secondly, clause on separation during probation is incomplete and therefore, left to the interpretation by the either side. Further you have written that "But I was verbally informed that it would be 30 days from employee and 15 days from employer as notice period from employer." Who gave this assurance? Why it is not included in the letter of appointment? Verbal assurances carry no meaning.

The conditions of employment speak the psychology of the company as a whole. The company is not at all professional. The conditions mentioned in the appointment letter are precursor to what may be stored in future.

I do not know whether you have put up resignation to the current employer. However, asking for the corrections in the clauses in the appointment letter may not correct their quixotism. As stated earlier, uneven conditions of employment, show that the employer does not respect principle of equality. Therefore, if you join, you might have to face more unprofessional decisions of the management. Be cautious while joining. Think ten or even hundred times to avoid regret in future.

Thanks,

Dinesh Divekar


Notice Period has to be the same either ways (Employer/Employee) It can never be different. If an employee is terminated then he has to be compensated with notice period salary which would enable him to sustain financially. The appointment letter should clearly state the notice period. It cannot be vague as it is in your case.
Conditions cannot be different and unfavourable for employees as against the conditions set by the employer for himself. That makes the employment agreement as void in terms of the Contract Act.
Dear All,

Thank you for updates and I certainly understand and appreciate your views which pinpoint that agreement is biased towards benefit of employer.

I am yet to resign from current organization and just to clarify haven't joined or confirmed acceptance of offer yet to new company. I was issued letter of intent which mentioned salary breakup details for review however same didn't had any information regarding other employment terms. So I asked queries on this and they issued offer letter which does have these notice period details mentioned apart

from compensation details. As they have mentioned I will get appointment letter on first day once I join company.

I am not sure if companies customize notice period based on each individual or it's just kind of same for everyone in organization probably someone who has experience in HR can shed light on this. Though I understand that notice period can be different at different hierarchy levels (Like junior staff, senior staff, managers etc.).

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