Madhu.T.K
Industrial Relations And Labour Laws
Riteshmaity
Labour Law Advocate
Vikasdubey
Hr Professional
Gaggan_sahni
Hr Manager
Ninadjoshi
Hr Officer
Poornima278
Salary Earner
Dinesh025
Service
Stanijj@gmail.com
Assistant Manager
+2 Others

Thread Started by #Poornima278

HI All,
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.
regards
Poornima
6th July 2007 From India, Gurgaon
hi poornima
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.
regards
vikas
7th July 2007 From India, Mumbai
HOW DO U GET UR POLICY REGISTERED AND WITH WHOM IT IS TO BE REGISTERED..WITH THE LABOUR COMMISSIONER BUT AS PER LAW U NEED TO GIVE 7 DAYS NOTICE INCASE YOU ARE A CONFIRMED EMPLOYEE IF U LEAVE...
10th July 2007 From United Kingdom
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.
15th July 2012 From India, Mumbai
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.

Madhu.T.K
15th July 2012 From India, Kannur
Hello Experts,
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 !!
Regards,
Sharad BS
+91 9916316986
27th May 2015 From India, Pune
It should be the total salary agreed upon between the employee and the employer. Normally, the statutory salary is the salary involved in such scenarios and the statutory salary means basic salary and dearness allowance which adjusts itself to cost of living index or compensates changes in the cost of living. But many of the new companies do not pay DA but instead have only basic salary and so many other allowwances which are otherwise called allowances which do not form part of statutory salalry. Therefore, the basic pay will be very low and the other parts of salary would be high. This is an technique used to reduce the employer's contribution towards various statutory funds and payments like bonus, leave encashment or even notice pay payable in the event of retrenchment.

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.

Madhu.T.K
16th February 2016 From India, Kannur
Dear Sir ,
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
Dear Sir,
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
Sir can we keep the equal months Notice period for all employees just like (manager and worker level) for 3 month in standing order kindly revert me as per rule and regulation . Because very soon our company come under the provision of standing order and our management force to me for keep the notice period for three month for all categories manager and workers. i need your valuable advice .
10th May 2016 From India
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.
Madhu.T.K
11th May 2016 From India, Kannur
@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.
Please check www.labourlawhub.com for more information.
11th May 2016 From India, Kolkata
Respected MADHU.T.K /RITESHMAITY Sir
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.
Regards
Gaurav Mehta
14th May 2016 From India
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.
Please check my blog at www.labourlawhub.com
15th May 2016 From India, Kolkata
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.
Madhu.T.K
17th May 2016 From India, Kannur
Hi,
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
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
11th September 2016 From India, Thane
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.
12th September 2016 From India, Kolkata
#Anonymous
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.
https://www.change.org/p/ministry-of...-working-class
23rd October 2016 From India
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
6th September 2018 From India, Bhubaneswar
If your terms of employment stipulates that your notice period is 2 months or 2 months salary in lieu of notice, then it is upto you to decide whether you should serve 2 months or to get relieved immediately after paying 2 months' pay. If you chose the second one, the company cannot ask you to work for 2 months. When you have paid 2 months pay, you are discharged and under what ground the company can sue you? There is no legal complications. Just the other side of the coin, imagine that the company does not want your service. The company will give you a notice that your service will end after two months from now. In case the company wants that you should be relieved immediately then the company will pay you 2 months' pay and ask you not to come from tomorrow. In the former case, the company will take your labour/ service for two months and in return pay you salary. During this period, you can find an employment for you. In the latter case the company will not take any service for two months but will pay you 2 months'pay and ask you to go immediately. Again this 2 months salary that you get is meant for compensating the loss of income till you get an employment. In the same manner, you can either inform the company that you will be with the company only for 2 more months and during this 2 months you will contribute your service to the company and in return, obviously, collect the remuneration for that service, ie, salary. During this period the company can find a replacement. Alternatively, you can say that my service will not be available from tomorrow and you pay two months'pay which the company can use to pay additional remuneration to existing persons who will discharge your functions or hire a temporary employee in your place. Therefore, there is no illegality in paying money and getting relieved without notice.
7th September 2018 From India, Kannur
Deducted amount for notice period has to be informed to labour welfare fund OR RETAINING WITH THE COMPANY AS MISCELLANEOUS INCOME
25th January 2019 From India, Chennai
Deducted amount of notice pay should be paid to labour welfare fund? Where is it written? It is true that fines collected should be provided for labour welfare activities or else paid to welfare fund. But notice pay deduction is different from fines imposed. If the notice pay is to be spent for welfare activities only, then what is the need to deduct it? If you terminate some one paying notice pay, is it from the welfare fund that you pay the notice pay to him? No,you take it from your own working capital and that is a cost to the organisation. In the similar way, when you receive the notice pay treat it as income to set off the cost of finding an alternative or revenue with which we will run the show for the time being or till a new person becomes capable of handling the position independently.
1st February 2019 From India, Kannur
Model of enquiry report in connection with suppression of criminal case pending in court
16th February 2019 From India, Kozhikode
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