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?
From India, Kochi
Acknowledge(0)
Amend(0)
2After 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?
From India, Kochi
Acknowledge(0)Amend(0)
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.
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
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?
From India, Kochi
Acknowledge(0)Amend(0)
From India, Kochi
Acknowledge(0)Amend(0)
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.
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
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.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
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."
From India, Kochi
Acknowledge(0)Amend(0)
"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."
From India, Kochi
Acknowledge(0)Amend(0)
Kindly compare this with clause with regards to notice period required ,under normal circumstances, for termination of services
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
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. "
From India, Kochi
Acknowledge(0)Amend(0)
"
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. "
From India, Kochi
Acknowledge(0)Amend(0)
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
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
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.
From India, Kochi
Acknowledge(0)Amend(0)
From India, Kochi
Acknowledge(0)Amend(0)
Kindly check if these standing orders have approval of the Lab Dept
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
HR-Policy-024 - Employee Recognition Policy - 30-07-2012.docx
HR-Policy-036 - Employee Transfer Policy - 11-10-2013.pdf