Poornima278 Started The Discussion:
Pls. let me know is there any defined rule/ law regarding the notice period in LABOUR LAW.
During the probation and after confirmation how many days notice period one has to submit.
Hope u r doing gr8.
For emloyees under probation-
1.As per standing orders there is nothing mentioned regarding notice period for probationars.
2.But the notice period for probationars can't be extended beyond 1 year.
For confirmed employees u can devise your own policy regrding notice period.
1. The notice period can be different for different grades of emplyees depending upon their role & importance.
2. It can vary from 1 month to 3 months.
The best way is to get your standing orders registered as soon as you make a policy.
Under Model standing order (Bombay), Notice period of the permanent employee is of 1 month. and in case of default he can be sued for damages and amount can not be recovered from his salary.
In the absence of certified standing orders notice period is deemed to be of 1 months in case of permanent employee, even though as per appointment letter notice period is more than 1 month. Because in no. of judgements different courts held that when there is contradiction between appointment letter and standing order, then standing orders will prevail.
Notice period is purely an internal matter of an establishment. Certainly, in respect of establishments having certified standing orders, the notice period will be mentioned in the standing orders itself. On the other hand, if the establishment is not covered by Industrial Employment (Standing Orders) Act, the notice period should be mentioned in the appointment order. Model standing Order has no significance as it is only a draft which has validity for six months from the date on which the company becomes under the fold of Industrial Employment (standing Orders) Act.
The Industrial Disputes Act has not specified notice period as a responsibility of employees/ workmen. Therefore, unless otherwise provided in the certified Standing Orders, an employee coming under the definition of workman can not be called upon to serve notice or pay in lieu of notice. At the same time, in order to retrench or terminate a workmen the employer should serve one month notice or pay one moth salary in lieu of notice. The notice or pay shall invariably be three months in the cases of establishments employing 100 or more workers.
In respect of employees not coming under the definition of workman, naturally, nothing in these Acts will apply and in such cases, the matter will be decided according to the contract of employment only.
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