Consultancy_hr & Ir
Spx India Pvt. Ltd As A Sr. Executive-hr
The duration of the Notice Period to be stipulated by an employer may vary for each category but it should not be different for each employee. The period of Notice depends upon the criticality of the skill in question, difficulties in finding a replacement and criticality of catering to the customer needs.
For workmen and the Office Clerical Staff the notice is usually for ONE month on either side with a right to exempt or to buy out the entire or a part of notice period is saved for the employer. For higher levels of employment the notice period could be as large as six months (which is quite rare these days) but the norm seems to vary between two and three months!
As to the phraseology of such a clause, kindly consider the following.
"This contract of employment can be terminated by either party by giving to the other party a writtne NOTICE of ----- days
or -----calendar months of its intention to terminate the contract of employment or equivalent gross monthly wage/salary for the period in question in lieu of the notice period. The management reserves the right to reduce or give up in entirity the notice period or the applicable compensation in lieu of the notice period for good and sufficient reasons at its lole discretion. The employee unequivocally agrees that if there is any inadequate compliance of this term/condition of employment by the employee, the amount in question will rightfully be adjusted by the employer against such dues and that no the full and final settlement of employment and resignation acceptance letter and/or service certificate could be denied and if an employees leaves employment despite having agreed to this clause he will be treated as a deserter."
The above clause has no legal binding beyond a point as, all PF and Gratuity can not be forfeited by the employer anyway. Further in the private sector employment if an employee has tedered resignation, not complied with abovesaid obligations, then even under such conditions the employer will NOT be able to hold him back and the moneys due to the employee cannot be entirely denied! Please make a careful note of the above and bring it to the notice of your employers explicitly!!
If you need to ask more questions, you are welcome!!!
August 31, 2011
31st August 2011 From India, Pune