Q&A
Home Top New Follow Journal Login
Dear All,
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.
Regards,
Gagandeep Singh Bajwa
9819085129

From India
Dear Gagndeep,
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.
regards
From India, Gurgaon
Dear Gagandeep, No, although it is not illegal but it is unethical and bad in Law. Regards, SC
From India, Thane
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 ?
surya
From India, Delhi
Hi Gagan,
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.
Regards,
Naresh Taneja
From India, Mumbai
gagandeep,
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..
surya
From India, Delhi
Dear Gagan,
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."
Regards
Shailesh
From India, Mumbai
Dear Friend,
Although I am unable to give the exact information you require, Kindly click on the following link, it will give you some required information,
https://www.citehr.com/search_new.ph...riod&submit=Go
Pls let me know was this information useful,,
If not let me try out more & give information,,,,
An Instant & Easy way to get information is use Quick Search in the site,,
Type the keyword, for which you have a query, the answers will be displayed.
Still if you are unable to get the answer, then post it,,,
Please never loose patience once you have posted it,, give members time to reply,,,,
In CiteHR you will get A to Z information on HR…..
Regards
M. Peer Mohamed Sardhar
93831 93832

From India, Coimbatore
Dear Gagan,
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.
Regards
Raghu
From India, Madras
Dear Member,
The rules that a Company drafts should follow the Principle of Natural Justice. It means, in your case, the notice period to be given in case of Resignation / Termination should same by either parties.
Thanks & Regards,
Santosh


Dear Gagan,
Its more of a contract between the employer and employee and as per the terms of reference put it in Appointment letter, and as contract law says it should be fair, the reference should be same for both the party either in termination or resignation in respect to the notice pay or levy of penalty if any one breach the condition in the case of appointment letter, payment of notice pay.
In practicallity short notice are given on either side with payment of notice pay.
Labour laws comes only when a employee feels he has been terminated from the organisation thru illegal reason and as per the clause of ID Act, Factory Act and various act he can approach the labour commissioner and appeal against the company with various proof.
Vinmind

Dear All,
I have said it is not illegal because all the Labour Laws donot cover any employee in the Management Cadre. In Management Cadre it is treated as a Contract of Employment.
All Companies which are ethical usually follows the Principles of Natural Justice. Hence any violation where the Principles are not binding by law can only be termed as bad and unethical.
Regards,
SC
From India, Thane
Hi
Notice period is one of the terms and conditions of the employment. And this condition is not governed by any statute and therefore there is no hard and fast rule determining the number of days of notice either on termination or on resignation.
But the applicability for termination it is depends on the designation. That is if an employee falls under the Sec2(s) of the ID Act then the termination clause shall not be applicable and the termination would be, in this case, the end result of a domestic enquiry where, normally the termination is imposed with immediate effect.
Resignation is being done at the own volition of the employee and therefore he has to adhere the notice period or other wise forego the salary.
From India, Madras
Dear All,
Thanks allot for the inputs, I also believe that the notice period should be equal on both the parties. HR policies should be based on the Principle of Natural Justice. But in small organization, wherein its one man show the values & culture take a back seat.
Thanks allot everyone.
Gagandeep Singh Bajwa.
From India
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"""
Clearly, this is heavily tilted on the side of the employer and I am not sure it will stand in a court of law. Nevertheless, it reflects on the culture of the organization and you might want to consider if you want to join this company.
From India, Madras
According to labour law i wld like to know whether a person must serve 1 month notice period.
In case if a person whats to quit without giving any notice period with settlement what do we do.
Is the rule different for an fresher and a confirmed employee.
Do suggest me.:?:
Meena
From India, Bangalore
Is it terminatin or acceptance of resignation The Employer prepared the following document. Now Please tell me whether it is termination letter or acceptance of resignation. ----------------------------------------------------------------------------Mr. X Manager of operations and Y Asst Manager of operations discussed the above with Z on 5th April 2007 and he agreed to provide an explanation on the discrepancy by 3 Am on 7th April 2007.

Subsequently, z submitted his resignation on 5th April 2007 on his decision to quit teh company.

A, AVP- Operations had a discussion with z on the above and explained that it is an integriy issue and could lead to Disciplinary action. Z agreed that it was a fault from his side.

It was decided that Z be relieved of his services from the company, immediately since he could be a potential risk to the company on account of his misconduct.

z's last date in the office would be 6th April and neither the company nor z would be paying the short notice period amount \

Signatures Z x A

employee signed

stating that " subject to getting relieving order and experience certificate "
<link updated to site home> ( Search On Cite | Search On Google )
From India, Bangalore
Pls Can anybody help me with whats max Notice Period Indian company can give to their employee?
Is Four Months Notice period plus four months joining time valid? its means its total 8 months Notice Period?
is it legal as per Indian Law?
Regards,
Palak
From India, Hyderabad
If any employees has spent more than 6 months in an organization and he has not got any confirmation letter would he be considered as confirmed employee or not
From India, Delhi
My job offer was revoked after I started — and after 30 days working his mail :we don’t need to join come back

A reader writes:

I was working with a Textile Company and received a job offer through them. I was informed by phone and corporate email that I’d been hired, with start date and start time. So, I have confirmed job through mail accept, would be quitting my current job, and would be able to start on the agreed start date, after my two-week’s notice.

I am join in company agreed joining date but his not giving me Joining letter around 30 days, when I am talk with HR person his told me his not inform to your “Branch head “officer . Then I am ask him to Branch head but his told me I am inform to HR process will done some days. So I am requesting to Head give me a confirmation mail through HR & then his mail me “we don’t need to join come back I” that’s why I am unemployed.

I am asking you this is a cheat & fraud case.Meanwhile, how I can claim for compensation?

New interviewers why I am unemployed?
From India
Can an employee be asked to leave without being paid the notice, if he is serving the notice period?
From India, Mumbai
Anonymous
A company named LDS infotech based in Mumbai (just a small third Party Seller of Software products like Microsoft ,adobe etc) is taking 1 - 2 years bond and doesn't pays salary on time.
Can such type of companies be challenged in labour court for their immediate termination.
From India, Pune
Dear Gagandeep Singh .
If only you are going for higher education, you can give 24 hours notice though in your appointment letter by company mentioned 90 days of notice or 90 days salary. Because india is only country were education is given more important and government is spending lots of money for education of people in india every year. Also you are eligible for experience certificate and reliving letter.
From India, Kochi
Dear Gagan, It is not legally right. There should be equal opportunity given to both sides as employee and employer. You can approach labour department for such violation. Best Wishes, Murali
From India, Hyderabad
Dear Sir...
i working as branch manager in share broker company.. i would resign my job. But while i asked HR to relive my position. HR asked me to work for 60 days.
But i need to join another company with 15 days...
Here my queries is weather any Corporate law there ? to fix the Notice period up to 60days??
Kindly reply for mail sir
Regards
P.Muthurasu
From India, Coimbatore
Hi All, I have a general question about 3 months notice period buy out. The question is Do we need to pay full salary of 3 month or just the basic. ? Awaiting your kind response Regards
From India, Delhi
I Vinod working as a Contract employee as a Software Engineering, i have worked one Year in client place as a contract , but the parent company with out giving Notice period He/she employee is terminating, can you suggest me in this regards
From India, Bangalore
Dearsir
My name is p Bhujanga rao.
I am working as a project managerin a private organization. I have resigned my job and I have submitted my resignation before 90 days. But company is not paying my salaries from 4 months+final dues. Is there any provision in law to proceed legally. And what type of documents/proofs required to follow legally. Kindly advice
From India, Chandigarh



To ask a question or write a reply on this discussion you will need to create an account and login.



About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2017 Cite.Co™