Notice period of non executive is one month, and for executives its three months

My friend is working in a public sector company in a non-executive cadre. As per the offer letter, the company has mentioned a notice period of 3 months if he wants to switch jobs. The company has several branches across India.

After he joined the company, while referring to the company's HR policy manuals, he observed that as per the company policy, the notice period for non-executives is one month, and for executives, it's three months. Having completed 6 years of service in the company, he has now received a job offer from another organization. When he raised this issue with HR, they stated that the notice period specified in the offer letter is correct. This raised a question in his mind as to why the notice period in the offer letter differs from the company's HR policy.

Is that correct? Because the company already has an HR policy, how can it be different in the offer letter?

The employee will have to go by the offer letter. Unless the company is ready to accept that it erred by putting an executive notice period in a non-executive offer letter. Actually, you should have referred long ago to your company's HR policy manual, and then you would have had time to get the notice period anomaly rectified. You will have to politely request the higher-ups to help you out for a smooth release.

Thank you for your response, sir. As he falls under the non-executive cadre, the notice period is one month as per the company's HR policy issued by the corporate office. Can he use the redressal mechanism to resolve this issue? Or should he go through the labor court?

This is an internal problem, most probably caused by not noticing that 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 parties - the employee as well as the employer. In case it is one-sided - for example, a 3-month notice period if an employee needs to resign, and a different period if the employer wants to terminate services - then it can be challenged in court.

Here is the corrected version of the text:

"Here is the clause copied from the HR Manual of the Company:

"A permanent employee (including those on probation after the 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 clause with regards to the notice period required under normal circumstances for the 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 organization does not have its own standing order. The organization's standing orders have to have approval from the lab department. Kindly check.

Thank you very much for the reply, sir.

According to the standing orders of the company, they have mentioned that the rules are outlined according to the company's regulations. In the HR policy manual of the company, it states that notice periods are one month for non-executives and three months for executives.

Kindly check if these standing orders have the approval of the Lab Department.

Thank you.

Yes, it is an approved standing order.

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Would you like any further assistance with this matter?

Certainly! Here is the revised version of the user's input with corrected spelling, grammar, and proper paragraph formatting:

Ok. Then you have two options - either accept the present situation as you had accepted the appointment letter or take up the issue and fight it out. Be prepared for legal recourse.

Thank you for your quick response.