Industrial Relations And Labour Laws
Labour Law Advocate
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.
7th July 2007 From India, Mumbai
10th July 2007 From United Kingdom
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.
15th July 2012 From India, Mumbai
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.
15th July 2012 From India, Kannur
I joined a Pvt Ltd company on Oct 27`th 2015 as a SAP Technical Consultant.
As usual the probationary period is 6 months within which the notice period is 1 month and on Confirmation it is 3 months for both parties.
My offer letter clearly says "If the performance is not upto the mark, probationary period may be extended after the initial 6 months probationary period".
Now that April 27`th 2015 has been surpased, my 6 months probationary period is completed and till date NO CONFIRMATION LETTER has not been provided to me.
Due to the non-professional work process I am changing this job.
Since I have still not recieved any confirmation letter nor the extension of probation period letter, Am I technically eligible to be relieved after 1 month ?
My query to all experts is when I put down my resignation, can I ask for releiving of 1 month ?
Kindly help me with this regard. Your replies are highly appreciated !!
27th May 2015 From India, Pune
In view of the above, I would say that it should be the gross salary, the salary payable as agreed at notwithstanding anything contained in the salary structure of the company, that should be paid to employees in case the employee is sent out. Obviously, the same will be the notice pay salary payable to the employer when the employee leaves.
In no case should there be different calculation with regard to notice pay and the one accepted should be applicable both to the employee as well as the employer.
16th February 2016 From India, Kannur
Please Guide me to get FNF
I was working with pvt ltd company. I resigned from job and served 30 days notice period as per HR rule. I had worked for total days( before& after notice period) 37 . But I received short amount as FNF which is of 26 days as per HR information, as my supervisor marked me absentfor 11 days. I also shared signed muster copyto HR.
But still not reply fri
19th February 2016 From India, Mumbai
I worked with private company for 8.9 years. After 7years company imposed new agreement for 3month notice period without any prior circular or memo to employees. So we were not accepted the some terms of new agreement but now company is going to deduct three month notice amount from our FNF.
Please be suggest for same.
10th May 2016 From India, Indore
10th May 2016 From India
11th May 2016 From India, Kannur
@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.
Please check www.labourlawhub.com for more information.
11th May 2016 From India, Kolkata
Thanks a lot for given your valuable advice and I discussed about this matter very clearly with my HOD that we canâ€™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.
14th May 2016 From India
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.
Please check my blog at www.labourlawhub.com
15th May 2016 From India, Kolkata
17th May 2016 From India, Kannur
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
24th August 2016 From India, Ernakulam
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
11th September 2016 From India, Thane
Only if you accept such illegal termination, then only you can claim your full and final settlement and statutory dues.
12th September 2016 From India, Kolkata
#AnonymousLet'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.
23rd October 2016 From India
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
6th September 2018 From India, Bhubaneswar
7th September 2018 From India, Kannur
1st February 2019 From India, Kannur