gaganbajwa Started The Discussion:
Can the company give less notice to any employee (if terminating), and have a bigger notice period if the employee resigns.
I.E: """During your tenure of services, your employment will be subject to termination on 30 days notice or salary in lieu thereof. Should you decide to resign at any time from the company’s service you would be required to give 90 days notice"""
Is their any law, or it depends on company to company.
Gagandeep Singh Bajwa
Their is no as of law for this all depends upon the appointment letter issued to employee, generally a confirmed employee has to serve 30 days notice period and a employee on probation period has to serve 07 days notice period the same applies if any org. wants to remove the employee.
its reverse in normal labour laws...
short period for resignation and a longer ie 3 months plus compensation of varying kinds in case of forced/ retrenchment etc..
"During your tenure of services, your employment will be subject to termination on 30 days notice or salary in lieu thereof"
this is equally valid for both the parties....
ask the company people, is a contract lop sided ?
It is unethical nor in my view, it is bad in law. Because Employment Agreement is a set terms agreed by two parties. If both voluntairlyagree on the terms and sign as having accepted , it becomes a contract. And breach of agreement can be contested in the courts of law as per Indian Contracts Act.
Other HR professionals may like to comment.
there are innovative things for getting fired from work, the reason is purely commercial, you make more money and clean chit later.
i will narrate a real incident which happened in a BPO: A CSR/ agent was absent for several months, HR terminated her..
the lady came back after the hiatus with strong documentations on her prolonged illness, loopholes in existing company policy/ systems and WON the battle... she was reinstated, steyd for another year n then left...
i have seen plenty of HR people prepare dummy/ forged papers in small organisations. eg a forged signature on a resignation..
now the question is are the concerned people aware of gravity of sec 420 ?
do you think their owners/ promoters will support them in such a legal scenario..
you can put this claus in appointment letter
"This contract of employment can be terminated by either side subject to giving one month's notice or paying the salary in lieu of notice. (The management, however, shall have the option to terminate the contract without giving notice or paying in lieu of notice, if the circumstances then prevailing compel the management to relieve you earlier, without giving notice as pay in lieu thereof. In the event you shall not claim or raise any dispute for non payment of notice pay.)In the event of your resigning from the services of the organization the organization can relieve you of your services with immediate effect without giving you the notice pay, at its sole discretion."
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M.Peer Mohamed Sardhar
First of all, this clearly tells the culture of the company. Ideal situation is where the company does provide more. It should be mutual as it happens in many companies. When we expect the employee to do certain things, the company should walk the talk and that only will make the employee feel confident about the company. These are all confidence building measures.
So, what's mentioned here, is absolutely double standards and does not show professionalism.
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