Dear Seniors,
Greetings for the day!
I work in a small company registered under the Shops and Commercial Establishment Act and have been working for the HR department for the past 2.10 years. Recently, we had an appraisal discussion and received the appraisal letter with a normal hike and a clause mentioned on the notice period in the appraisal letter (This is the first time I am seeing this in an appraisal letter). I am worried about the clause mentioned in the letter, as the notice period/termination clause has been changed from 1 month (as in the Offer Letter - previously agreed) to 3 months (in the appraisal letter).
My questions are:
1. What is the maximum number of days an employer can ask for in the notice period?
2. Can the notice period clause change in an appraisal letter?
3. Are there any laws regarding notice periods for organizations in India?
Please help me with this concern, as I am worried about the notice period clause and have not accepted it yet. I feel this may affect my career growth. Please suggest how I should proceed in this case.
Warm Regards,
Praveen Devadiga
From India, Bangalore
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13Greetings for the day!
I work in a small company registered under the Shops and Commercial Establishment Act and have been working for the HR department for the past 2.10 years. Recently, we had an appraisal discussion and received the appraisal letter with a normal hike and a clause mentioned on the notice period in the appraisal letter (This is the first time I am seeing this in an appraisal letter). I am worried about the clause mentioned in the letter, as the notice period/termination clause has been changed from 1 month (as in the Offer Letter - previously agreed) to 3 months (in the appraisal letter).
My questions are:
1. What is the maximum number of days an employer can ask for in the notice period?
2. Can the notice period clause change in an appraisal letter?
3. Are there any laws regarding notice periods for organizations in India?
Please help me with this concern, as I am worried about the notice period clause and have not accepted it yet. I feel this may affect my career growth. Please suggest how I should proceed in this case.
Warm Regards,
Praveen Devadiga
From India, Bangalore
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There are no specific specifications mentioned in the law regarding the notice period. It is simply an industrial standard protocol being practiced.
An appraisal letter is different from a notice on a change in the notice period. Any changes shall only take effect with the mutual consent of the employer and the existing employee. The employee reserves the right to deny any new notice period clause.
There is no specific law governing the notice period.
From India, Chennai
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An appraisal letter is different from a notice on a change in the notice period. Any changes shall only take effect with the mutual consent of the employer and the existing employee. The employee reserves the right to deny any new notice period clause.
There is no specific law governing the notice period.
From India, Chennai
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Dear Praveen,
The concept of a notice period is when the next person (predecessor) gains enough knowledge to work in the same position. Usually, this period is one month, but in special cases, it can be up to 90 days, depending on the workflow. The notice period facilitates a smooth handover of work to the next person.
There are no specific rules for the notice period, and it has nothing to do with the appraisal.
Ramakant
From India, Pune
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The concept of a notice period is when the next person (predecessor) gains enough knowledge to work in the same position. Usually, this period is one month, but in special cases, it can be up to 90 days, depending on the workflow. The notice period facilitates a smooth handover of work to the next person.
There are no specific rules for the notice period, and it has nothing to do with the appraisal.
Ramakant
From India, Pune
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Thank you, Manoj and Ramakant, for your valid suggestions.
Here my concern is, where the notice period in the offer letter is one month and the revision letter is issued with a change of clause on the notice period as three months. Either it has been discussed with employees or informed to employees before issuing the letter.
From one point of view, if the changes seem to be okay, but if any of the employees accept this and get a good opportunity in the future, he needs to serve the three-month notice period, and where the new employer cannot wait for three months of notice to hire him. In that case, it will clearly affect the career growth/future.
From India, Bangalore
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Here my concern is, where the notice period in the offer letter is one month and the revision letter is issued with a change of clause on the notice period as three months. Either it has been discussed with employees or informed to employees before issuing the letter.
From one point of view, if the changes seem to be okay, but if any of the employees accept this and get a good opportunity in the future, he needs to serve the three-month notice period, and where the new employer cannot wait for three months of notice to hire him. In that case, it will clearly affect the career growth/future.
From India, Bangalore
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Generally, notice period is one month on either side. As they have given a 3-month notice period in your offer letter, it holds good. Regarding the mentioning of a 1-month notice period in the appraisal, it is a formality for everybody. Don't bother about it. Your offer letter with a 3-month notice period will be valid.
From India, Hyderabad
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From India, Hyderabad
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These are two separate things.
1. An appraisal letter, as it says, will inform you about your increment (if any) and promotion/grade change (if any), generally speaking.
2. A change in the notice period is a policy decision by the organization that should be circulated as a Notice. Just check with your colleagues if the clause appears in other letters too. If not, then the management is indicating something to you.
Sriram
From India, Bangalore
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1. An appraisal letter, as it says, will inform you about your increment (if any) and promotion/grade change (if any), generally speaking.
2. A change in the notice period is a policy decision by the organization that should be circulated as a Notice. Just check with your colleagues if the clause appears in other letters too. If not, then the management is indicating something to you.
Sriram
From India, Bangalore
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Thankyou Sriram, Here the clause reflect on all employees revisions letter and here I am only worried about the three months notice period as hike is given good to me.
From India, Bangalore
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From India, Bangalore
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The hike in pay and the revised notice period have come to you in a package. If you accept both, you accept both. If you are glad to accept the hike only and not accepting the revised notice period, you have to intimate it to the management. If you do intimate, the management may rethink the hike as well! A better way out will be to informally discuss with the management and ascertain their reaction. You may also discuss with your colleagues and find out whether there is a possibility that the management will accede to your wish. Then you can chart out your further action.
From India, Madras
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From India, Madras
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Dear Praveen,
Your concern is correct. It is just an underhand way to keep the employees under pressure or at best deny them notice pay. It is generally made to work one way - only in favor of employers. So, if an employee even puts in a letter of resignation giving a notice of # months, the management will accept the notice and resignation and relieve him the next day - on the pretext that he has already given resignation.
You will find many such cases on CiteHR.com. Unfortunately, most HRs have their own agenda of growth and better compensation or lack good HR knowledge and skills, supporting such grossly unethical action on the part of the "owners" of such small companies.
Moreover, as rightly observed by you, most companies would not like to wait for three months to fill in their vacancies; so the employee has to resign early and is forced to pay the notice period salary.
Unfortunately, there is no solution to such practices except wide condemnation; even this is rare, as you will notice from several rejoinders that shall pour in to support such practices.
Warm regards.
From India, Delhi
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Your concern is correct. It is just an underhand way to keep the employees under pressure or at best deny them notice pay. It is generally made to work one way - only in favor of employers. So, if an employee even puts in a letter of resignation giving a notice of # months, the management will accept the notice and resignation and relieve him the next day - on the pretext that he has already given resignation.
You will find many such cases on CiteHR.com. Unfortunately, most HRs have their own agenda of growth and better compensation or lack good HR knowledge and skills, supporting such grossly unethical action on the part of the "owners" of such small companies.
Moreover, as rightly observed by you, most companies would not like to wait for three months to fill in their vacancies; so the employee has to resign early and is forced to pay the notice period salary.
Unfortunately, there is no solution to such practices except wide condemnation; even this is rare, as you will notice from several rejoinders that shall pour in to support such practices.
Warm regards.
From India, Delhi
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Dear , there is no any norms for notice period it differ company to company, its depend upon standing order of company & clouse of notice period given in appoinment letter. Regards Tejbhan pandey
From India, Bhopal
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From India, Bhopal
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N.Period is a transition period to select the successor. It normally varies from 15 days to 90 days. It can be more also. It depends on the position a person is holding. Pon
From India, Lucknow
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From India, Lucknow
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Let's change this. Let's make companies stop the exploitation through notice periods. We have to stand united.
Please sign and share this petition: [URL](https://www.change.org/p/ministry-of-human-resource-development-regulate-the-cap-on-notice-period-for-working-class)
From India
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Please sign and share this petition: [URL](https://www.change.org/p/ministry-of-human-resource-development-regulate-the-cap-on-notice-period-for-working-class)
From India
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Notice Period Extension Letter Format.doc