How Should I Handle Notice Period Changes in Our New HR Policy Manual?

Hi everyone, I'm making a policy manual regarding HR policies. I'm adding the notice period as well. I wanted to mention the policy in the following manner: "Notice period on both 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 should I do? Please suggest!

Best regards, Insiya

Also, if I change the Notice Period Policy in the Policy Manual, will it be applicable to the old employees as well?

Notice Period Policy

- For all new appointments, during the course of probation or any extension thereof, the appointment may be terminated in writing by the employer without any notice or payment in lieu thereof, and by the employee side by serving a notice period of 15 days or payment in lieu thereof.

- After confirmation, the term regarding the notice period from the employer/employee side will be one month or payment in lieu of the notice period. The 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, please help!

So many views but no revert yet!! Seniors please extend your support. It will really be helpful.

I need to know:

1. If any changes are made in the policy manual regarding the Notice Period, will it be applicable to old joiners as well? If not, how should the new policy be implemented for new joiners?

2. If any such change is made, should I make changes in the Appointment Letter as well?

Please suggest!!

Kanchwakala.insiya,

1. Applicability should be common for all employees.
2. In case it changes for old employees, please take their consent in writing. With effect from when the new terms and service conditions are applicable, Mr./Ms ____ give consent.

Regards,
Y.R. Shirke

Notice Period and Experience Certificate Policy

Stating that no experience certificate will be issued is unethical. You could add a clause stating that the waiver of the notice period, in part or in full, would be at the discretion of the management, and this decision would be final.

Issuance of Relieving Order and Experience Certificate

A relieving order and experience certificate will be issued only upon successfully completing the handover during the notice period. The employee will not be relieved until the handover is complete. The notice period may be extended or curtailed to facilitate the handover.

Upon the handover being completed, the employee will be issued the relieving order and service certificate after obtaining the clearance certificate signed by all concerned.

For the old employees, if the notice period changes, then 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 is it to not give him notice or pay for that and recover it from them?

Also, I agree with the comment regarding our participation in the relieving part.

You may mention in the manual "Notice Period will be as mentioned in the Appointment Letter". It is better to restrict the Termination Clause to your Appointment Letter. Not necessary to include the same in the Policy Manual. The Appointment Letter is duly signed by both the Employer and Employee. Consequently, the Terms and Conditions are binding on both parties.

Yes, sir. However, as I mentioned earlier, the Appointment Letter does not specify the Notice Period separately for the Probation and Confirmation Periods. It states that the Notice Period on both sides will be one month. Therefore, I need to include this information 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.

Hi, Thanks, but the Policy Manual was already complete. It was just that the clause in the Application Letter was not written clearly, and the old employees have the old application letter. So, the doubt was regarding whether if I change the clause, then will the old employees have to abide by the new clause in the manual or if the clause in the application letter will be applicable to them.

If you include changes in the notice period terms and conditions for probationers and confirmed employees in the manual with a prospective date, the same needs to be communicated to all employees concerned separately in writing, and their signature should be obtained for receipt of communication and acceptance of the change for the sake of record. This will avoid ambiguity or wrong interpretation at a later date.