NOTICE Period As Per Labour Law - CiteHR
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There can be different notice period for different categories of employees. Moreover, the Managers are not covered under the Standing Orders and as such there can be different service conditions for them. Certifying standing orders for workers is not a simple task. The draft should be presented before the workers and their Union and it shall become final only when they agree on each and every order. Moreover, the Certifying authority, ie, the Labour Commissioner/Dy. Labour Commissioner, who ever may be, should also be convinced about the legality of the orders and it will be certified only after ensuring that there is nothing illegal. When it comes to workmen's notice period, I feel that the same may not be accepted by the Union and the Certifying Officer. One month is very common.
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@Dinesh025 - The company cannot introduce new terms and conditions (inclusion of 3 months notice period) during the course of employment without notice of change and without consent of the employees. You are not legally bound to follow any new terms which has been incorporated without your consent. Company is not entitled to deduct 3 months notice pay since the new terms were not accepted by you. Even if they do, you will be entitled to recover the amount under the law of the land.
@Gaurav.Mehta9211@Gmail.Com - Standing order is applicable to only those who are workmen u/s 2(s) of the ID Act. If you have 100+ employee you can get your standing order drafted and get it certified from the Labour Commissioner. Drafting a standing order is not an easy task and you can consult a labour lawyer for that.
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Thanks a lot for given your valuable advice and I discussed about this matter very clearly with my HOD that we can’t keep equal notice period for all categories . But my Head are not accepting my view. He is making an appointment letter for new employee and keep the equal notice period for all categories (worker & manager) level. Sir can we mention on appointment letter equal notice period without giving any notice as per Section 9A in The Industrial Disputes Act, 1947 and acceptable as per law. Can any employee go to court in this matter? Kindly clear my point.
Gaurav Mehta
I am sorry, but what is the relation of notice period with Section 9A? Sec. 9A is notice of change where the employer is to give a notice for any change in service condition to the worker prior to 21 days of such change.
If you are appointing a new employee now issuing him an appointment letter, then you can keep the notice period as per your the norms. Here no change is taking place in relation to service condition, hence, Sec. 9A will not be applicable here.
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As already mentioned there can be different notice period for different categories of employees. Only thing is that when you CHANGE the notice period, notice as per section 9A should be given. For new employees you can fix three months notice period. But in respect of workers covered by Standing Orders, while issuing an appointment order, you have to consider the terms in the standing orders also because you are not expected to have a condition of employment diffrerent from that stated in the Standing Orders.
I have resigned from my firm, and as per the HR policy of the firm I have to serve a 2 months notice period or there's a provision for buy back of the notice period. I am unable to serve the entire 2 months notice period, hence I informed the HR that I shall serve a notice period of 3 weeks and balance shall be paid under pay back policy. But, the HR is now denying me from using the pay back policy, stating that it's company's discretion. Can a company deny that when it's given in the joining agreement. Does it have any legal ground. Please help. Thank you
A man working in a private sector enterprises company a long 7 year
but a day any reason his boss is fired and the job is gone without any notice period
then matter is that employee can any claim for the funds for 7 years working period or no law for this matter
The sudden termination after working for seven long years is illegal. You can raise the dispute before the company first to reinstate you. If they fail, you can approach labour commissioner and then to labour court if you are a 'workman' under the ID Act.
Only if you accept such illegal termination, then only you can claim your full and final settlement and statutory dues.
Let's change this.. Let's make companies stop the exploitation through notice period.
We have to stand united.
Please sign and share the below petition.
I have worked for company for 1.8 years and resigned with immideate effect . As my employment offer states two months notice period or 2 month salary in lieu of given by you if you wish to leave the services of company .
My questions are
1 if am ready to pay 2 month salary can compny compelled me to serve notice period .
2. Can company sue me for damages after notice pay
3 other than this what could the legal consequences
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