Nathrao
Insolvency N Gst Professional
Sreepss
President
+1 Other

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My friend is working in a public sector company in non executive carder. As per the offer letter, company has mentioned a notice period of 3 months, if he want to switch the job. The company has several branches across India. After he joined the company, while referring the company's HR policy Manuals, he observed that as per the company policy, the notice period of non executive is one month, and for executives its three months. As he completed 6years of service in the company and now he got job in another organization. This time he raised this issue before the HR, and they are telling that the period is as specified in the offer letter. Is that correct? Because company already have an HR policy, then how come it's different in the offer letter?
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The employee will have to go by the offer letter.
Unless company is ready to accept that it erred by putting executive notice period in a non executive offer letter.
Actually you should have referred long ago to your company HR policy manual and then you would have got time top get the notice period anomaly rectified.
You will have to politely request higher ups to help you out for smooth release.
Thanks for the reply sir. As he is falling under the non executive carder, the notice period is one month as per the company HR policy issued by the corporate office. So whether he can use the redressal mechanism to sort his this out? Or if he's going through the labour court?
This is internal problem, mostly probably caused by not noticing the clause shows 1 month for workers and 3 months for executive level.Rectify it and take actions after examining all aspects.
Notice period is for both the parties-employee as well as employer.
In case it is one sided- say 3 months notice period in case employee needs to resign and different period in case employer wants to terminate services, than it can be challenged in court.
here is the clause copied from the HR Manual of the Company
"A permanent employee (including those on Probation after 1st appointment in the
Company) may resign from the services of the Company by giving notice (3
months in the case of Officers and 1 month in the case of Workmen) or paying the
Company the Basic Pay (Basic Pay plus Dearness Allowance in the case of Officers
in Grade-I and above) for the period by which the letter of resignation falls short
of the required notice period. In respect of employees covered under the Certified
Standing Orders, resignation will be governed by the provisions of the respective
Standing Orders. The Management reserves the right not to accept the resignation
of Executives if the circumstances so warrant."
Kindly compare this with clause with regards to notice period required ,under normal circumstances, for termination of services
According to INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946
"
Termination of employment.--(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice. "
Standing orders are applicable in case the organisation does not have own standing order.
The organisations standing order have to have approval from lab dept.Kindly check
thank you very much for the replay sir.
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