Requst for notice period to reduce from 3 to 1 month

shailesh pandey (Querist) 01 August 2014 This query is : Resolved
Dear Sirs,
Kindly advice as some of staff member's appointment letter In clause no.9 notice period is three months.Staff members have approached to do one month notice instead of three months.While issuing their confirmation letter can we amend it?kindly give me a proper line which can be added.
thanking you
regards
shailesh

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ROHIT SHARMA (Expert) 01 August 2014
1. Yes, if you bestowed with such powers to amend such clause No. 9 of the appointment letter, then you can insert such one clause in the confirmation letter without any hesitation.

2. The clause can read as " The notice period in case of voluntary resignation after your confirmation will be one month".

Kumar Doab (Expert) 01 August 2014
Agreed with Expert Mr.Rohit Sharma.

If you are competent to sign on change of service conditions you may sign it.

Notice period is not dependent on just clauses inserted in appointment letter.

Notice period can be amended.

As per Model Standing Orders the notice period is max.1 month after confirmation.

As per Shops and Commercial Establishments Act the max. notice period is 1 month depending upon length of service inserted in the Act.

Hence to amend the notice period to 1 month there should ideally be not any issue.

If CSO (Certified Standing Orders) are applicable then the process to amend CSO may be followed.

The T&C in appointment letter/contract of employment should be preferably equitable.

Therefore the notice period in case of separation initiated by both employer and employee should be kept equitable and the appropriate language explaining it be used.