How Should I Handle Missing Notice Periods in Existing Appointment Letters?

Dear All,

I have joined this new company 2 months ago, and I have noticed that our old appointment letters do not mention a notice period clause for resignation. This means that if an employee wishes to leave the company, they can do so without giving any notice. I have updated the format now, but the issue lies in what actions should be taken regarding those employees to whom we have already issued appointment letters. It is surprising to note that upon checking the database, most of the seniors and managers also possess the same old appointment letters.

In this situation, what steps should I take? Please advise me.

Regards,
Bhavna.

Hi Bhavna,

The change in the appointment letter involves a change in service conditions, which is not acceptable in law unless notified. My suggestion would be to avoid litigation and simply announce the circular as a company policy on the matter. In this case, taking action is better than doing nothing!

Regards,
Ajay

Hi,

The appointment letters issued can't be changed. However, you can always change the company's policy. Issue new appointment letters to all new joiners and pass an internal notice informing all employees of the new HR policy.

Sreejith

Earlier, a lot of appointment letters used to be very simple. Over time, due to various experiences, many clauses started to be introduced in appointment letters. Every company has started issuing fresh letters for revised terms and conditions while keeping the employment status the same, or issuing the same during increments with revised designation and increased salary. I am attaching one of the forms to be issued to existing staff, covering almost all the terms. I hope this will be helpful to you. My advice would be to try to introduce it during increments with proper consultation with senior management.

Thanks and Regards,
Amal Shere

Thank you all for your valuable suggestions. The issue I face is whether these people will accept the service rules I plan to implement. Is there a solution where I do not need to seek their acceptance?

Regards,
Bhavna

If you issue a circular stating, with immediate effect, that any employee wishing to leave the company will be required to give a one-month notice or compensation thereof. Similarly, if the company wishes to terminate an employee, it will give one month's notice or compensation thereof. This policy will not be applicable should an employee be terminated on disciplinary grounds.

Hope the above helps.

Richa

Dear Bhavna,

Good day! There are two ways of looking at it. Call for a management meeting and elaborate on this with full details. The plan of action needs to be approved by management. Prepare the policy and ask the CEO or any senior to send it to all. Alternatively, make an HR manual and state that the new manual overrides the old provisions.

Cheers,
Venkat

Dear All,

Thank you for all your valuable suggestions! I have discussed this with my MD, and we have decided to issue a circular stating the requirement with immediate effect. This site is really helpful.

Regards,
Bhavna

Dear Bhavna,

Before you circulate a notice, try speaking to key employees, old employees, or DL about a new policy. Speak to them about the new policy to gain their confidence, and then proceed. This approach will help in conveying the message smoothly.

Regards,
Veena

In my opinion, you should create a new policy (as others have already mentioned) clearly stating the changes. Ensure it is approved by the competent authority. The following steps may be taken while implementing it:

1. Post it on the company's intranet along with other policies or on the notice board.
2. Obtain signatures from all concerned employees on hard copies. You can circulate the same through Head of Departments (HODs) and ask them to route it to the respective departmental employees and then return the copies to you for record-keeping.
3. Ensure all signed copies are kept in the employees' service files; this is very important.

Regards,

Hi,

As far as I know, the terms and conditions of the company change as and when required, but with proper working. Suppose someone joined 10 years back; they will have the old terms and conditions. So, whenever changes are made, either a letter stating the amendment in a particular clause of terms and conditions is issued, and a copy of the same with the employee's signature is kept in their file.

Your HR manual should state that the rules and regulations may change from time to time as per management decision; however, the same shall be intimated to employees in time.

Regards,
Pritha

I recently joined a new company, and they have given me the task of issuing appointment letters to old employees. The problem is that I don't know whether I have to issue the letters or not. Please reply as soon as possible.

Regards,
Riya