My query is about the notice period policy in a private organization.
If a company does not mention about the notice period in the employee offer letter or any such document during an employee joining, can the company insist on an employee to serve the 90 days of notice period?
If in case the company offer letter says, that the employee should serve for 1 year and the employee can exit after 1 year without serving the notice period? since there is no signed agreement about the 90 days.
If the HR had sent an email to their employees on notice period extension after completion of employee 1 year, should the employee consider that email and serve 90 days of notice period?
Please let me know if the email can be legally acceptable?
From India, Guntur
If a company does not mention about the notice period in the employee offer letter or any such document during an employee joining, can the company insist on an employee to serve the 90 days of notice period?
If in case the company offer letter says, that the employee should serve for 1 year and the employee can exit after 1 year without serving the notice period? since there is no signed agreement about the 90 days.
If the HR had sent an email to their employees on notice period extension after completion of employee 1 year, should the employee consider that email and serve 90 days of notice period?
Please let me know if the email can be legally acceptable?
From India, Guntur
Krishna - please read through your Appointment Letter clearly - a clause has to be there for the Notice Period - it is always there. If this has not been there - did you raise a query with HR with an established answer as to your query for Notice Period.
Yes - all the clauses agreed by you/ signed at the time of your joining will be applicable, irrespective of its extraneous nature. It is very important to read through every single page and every single paragraph of the Appointment Letter on the day of your joining the Organization.
Yes - all the concerned employees should serve 90 days notice period - if HR has officially communicated about the changes in terms of Notice Period and will be very much legal then.
Practical advice: Please skim through your Appointment Letter again and the fresh communication sent to you by HR - and then see, if you can pay a salary-in-lieu of unserved notice period. If you are in a dilemma about serving a quarter-long notice period - you may consider a buy-out of your notice period yourself or through your new Organization, and have peace of mind, most importantly.
From India, Delhi
47Yes - all the clauses agreed by you/ signed at the time of your joining will be applicable, irrespective of its extraneous nature. It is very important to read through every single page and every single paragraph of the Appointment Letter on the day of your joining the Organization.
Yes - all the concerned employees should serve 90 days notice period - if HR has officially communicated about the changes in terms of Notice Period and will be very much legal then.
Practical advice: Please skim through your Appointment Letter again and the fresh communication sent to you by HR - and then see, if you can pay a salary-in-lieu of unserved notice period. If you are in a dilemma about serving a quarter-long notice period - you may consider a buy-out of your notice period yourself or through your new Organization, and have peace of mind, most importantly.
From India, Delhi
Thanks for your quick response.
I have referred my offer letter again, it has been mentioned that to serve
a minimum of 1 year and there are no other claws available in the same.
But we have received an email from HR stating that "Employees are requested to serve for 3 months of notice hereafter". However, there is no acknowledgment of that email from any employee.
Can we consider this email and serve 3 months of notice? Can the respective HR insist their employees to do so? We feel unless there is no paper signed agreement (from both the parties), concerned document will not be valid? I request you to confirm this point.
From India, Guntur
I have referred my offer letter again, it has been mentioned that to serve
a minimum of 1 year and there are no other claws available in the same.
But we have received an email from HR stating that "Employees are requested to serve for 3 months of notice hereafter". However, there is no acknowledgment of that email from any employee.
Can we consider this email and serve 3 months of notice? Can the respective HR insist their employees to do so? We feel unless there is no paper signed agreement (from both the parties), concerned document will not be valid? I request you to confirm this point.
From India, Guntur
Yes - any official communication from HR is to be taken as such and applies from the date mentioned in the communication. You are bound by the alterations in clauses of your employment terms and conditions.
Clauses/ alterations in clauses are generally communicated to employees from time to time and are internalized through HR systems over a period of time. Most of the times, signing on papers is not required afresh as minor/ major changes keep happening in an organization from time to time. In today's times - such changes are effected into HR systems and all of the employees receive a link to acknowledge/ agree the change. If this has not happened in your case - then also, the Company HR reserves the right to alter clauses for you as it was communicated to you through a formal e-mail.
You are bound to serve 3 month's notice period or else can consider a buy-out.
From India, Delhi
Clauses/ alterations in clauses are generally communicated to employees from time to time and are internalized through HR systems over a period of time. Most of the times, signing on papers is not required afresh as minor/ major changes keep happening in an organization from time to time. In today's times - such changes are effected into HR systems and all of the employees receive a link to acknowledge/ agree the change. If this has not happened in your case - then also, the Company HR reserves the right to alter clauses for you as it was communicated to you through a formal e-mail.
You are bound to serve 3 month's notice period or else can consider a buy-out.
From India, Delhi
Normally it will be one of the point in the appointment letter. if it is absent, then there will be a clause that your will be government with all rules and regulation of the company. if so then you need to see the HR manual where it would have been given details about notice period. Please ask for HR & Admin manual to verify it.
From India, Chennai
From India, Chennai
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HR Manual (Employee Hand Book).doc