Pune | 09 Jan, 2021 (9 months, 2 weeks ago)

General Advice

Notice period related

I am working for X company and X company has acquired multiple other companies. I have offer letter and payslip and all HR related queries and answers from Y company which is under X company. I am currently serving notice period but X company saying that notice period is for 90 days however Y company HR policy document says notice period is only for 30 days for all grade employees. So I just want to serve 30 days notice period because all documents belongs to Y company and there is no proof for X companies notice period. Because of 30 days notice period, confirmed my joining date with other company. Please advise what can do in this situation.
Answers
15 Jan, 2021 | 03:27

As I understand from your query, you have been employed by Company Y under whose policy, a notice of only 30 days is adequate. However, Company Y is a subsidiary of Company X under whose policy, a notice of 90 days is to be served and your employer is insisting that you serve a 90 day notice period in accordance with the Policy documents of Company X.

Since you are employed by Y and are an employee of Y, going by what is stated in the query, it prima facie seems like the policy framed and applicable to employees of Y that should apply to you. However, one might have to verify your appointment letter, the terms of the Employment contract if any and the HR policy of Company Y to see if the terms mentioned in the HR policy documents of Company X have been incorporated or given over-riding effect.

If, on examining the aforesaid documents it follows that you need only serve a 30 day notice period, you may categorically state so in your written Notice, referring to the relevant clauses of the HR Policy document.


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