Applicability On Old Employees If I Change Notice Period Policy In The NEW Policy Manual? - CiteHR
Srinath Sai Ram
Hr Manager
Aussiejohn
Workplace Assessment And Training
Ashutosh Thakre
Hr Professional
Yrshirke
Hr / Ir

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Hi Everyone, Greetings!! Need your help!!
I'm making a Policy Manual regarding HR Policies. I'm adding Notice Period as well. I wanted to mention the policy in the following manner:
"Notice Period on both the sides will be as mentioned in the Appointment Letter". However, in the Appointment Letter, the notice period is mentioned to be 1 month on either side but does not specify probation and confirmation which I feel is not suitable. So, now what to do? Please suggest!!
Waiting for revert ASAP.
Best Regards,
Insiya

Also, if I change Notice Period Policy in the Policy Manual, will it be applicable to the old employees also?
I've mentioned in the Policy Manual in the following way:
 For all new appointments, during the course of probation or any extension thereof, the appointment may be terminated in writing by employer without any notice or payment in lieu thereof and by employee side by serving a notice period of 15 Days or payment in lieu thereof.
 After Confirmation, the term regarding notice period from employer / employee side will be one month or payment in lieu of the Notice Period. Notice Period cannot be offset by unused leave.
 In case of resignation, no Experience/Relieving Letter will be issued where the Requisite Notice Period has not been served or payment in lieu of the notice period not being served has been accounted for.
Please revert on this regarding the previous queries. Seniors pls help!!

So many views but no revert yet!! Seniors pls extend your support. It will really be helpful.
I need to know that:
1. If any changes are made in the policy manual regarding Notice Period, then will it be applicable for old joinees also? If no, then how to implement the new policy for new joinees?
2. If any such change is made, should I make changes in Appointment Letter as well.
Pls suggest!!

Kanchwakala.insiya ,
1 .Applicability should be common for all Employees
2.In case it is change for Old Employees ,pl take their consent in writing ,w.e.f. new Terms & Service Conditions are applicable for which Mr./Ms ____ __ give consent .
Regards ,
Y.R.Shirke

Stating that no experience certificate will be issued is unethical. You could add a clause stating that waiver of notice period, in part or in full, would be at the discretion of the management and this decision would be final. A relieving order and experience certificate will be issued only upon succesfully completing the handing over during the notice period. The employee will not be relieved until the handing over is complete. The notice period maybe extended or curtailed to facilitate handing over. Upon the handing over being completed, the employee will be issued the relieving order and service cerificate after he gets the clearance certificate signed by all concerned.
For the old employees, if the notice period changes, than, you have to prepare a separate letter stating that the terms and conditions have changed and they need to accept the same.
Also, in the notice period, it is a totally one sided clause, you may remove a person, without any reason in the probation period, but how ethical it is to not give him notice or pay for that and recovering it from them?
Also i agree to the comment from our participation on the relieving part.

You may mention in the manual "Notice Period will be as mentioned in the Appointment Letter". It is better to restrict Termination Clause to your Appointment Letter.Not necessary to include the same in the Policy Manual.Appointment Letter is duly signed both by Employer & Employee.Consequently Terms & Conditions are binding on both the parties.
Yes Sir but then as I mentioned earlier that in Appointment Letter, Notice Period is not specified for Probation and Confirmation Periods separately. It mentions that Notice Period on both sides will be one month, so I need to include in the Manual.
Use the search box at the top of the page. There is a ton of stuff here already posted by other CiteHR members on Notice Period.
Don't forget the Related Topics sidebar to your right on this page. ------------------------>
You will also find tons more stuff to help you with writing your policy manual.


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