Notice Period - What Does The Act Say? - CiteHR
PRADEEP SAHUKARI
Hr Professional
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Pon1965
Construction
Rasheena HR
Hr Executive
+3 Others

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Hi All,
I did run through the various threads on Notice Period but no where did I see any mention of what the Labor Act states in accordance to Notice period.
Can someone help in answering the questions below?
- What does the Indian Labor Act mention in regards to Notice period?
- Can a company withhold an employees salary when the employee is serving his/her notice.
- Can a company withhold providing an employee with required certificates (relieving, conduct certificate, etc) if they have not served the company notice period.
- Can leave be taken during notice period, and will that add on to the notice?
Regards,
Mithran

Go here, it may be useful to you. Always use search option. CiteHR is a repository and it contain all subjects related to HR.
https://www.citehr.com/24590-notice-...ctory-act.html
Pon

Thanks Pon, I did read through this thread and wasn’t able to get the information required, and hence the new thread with my questions. :) Regards, Mithran
Dear Mithran,
Please find answers for your queries:
What does the Indian Labor Act mention in regards to Notice period?
LABOUR ACT IS BOUND BY THE PERIOD MENTIONED IN APPOINTMENT LETTER
- Can a company withhold an employees salary when the employee is serving his/her notice.
YES, IT CAN BE RELEASED WITH FULL AND FINAL SETTLEMENT.
- Can a company withhold providing an employee with required certificates (relieving, conduct certificate, etc) if they have not served the company notice period.
YES
- Can leave be taken during notice period, and will that add on to the notice?
ITS COMPANY'S DISCRETION

There is no Particular law on Notice Period of Employees.It is Entirely depends on Company policy.Policies are varies form Company to Company.
They may mentioned on Appointment order or else if there is any service agreement is there than it may mentioned over there.And About Leaves on Notice Period/Certificates/relieving letters everything depends on company policy.

Dear Mr Mithran

Your query is one of the FAQ with regard to Employer Employee relationship. The answers given by Mr Murali Kandukari are factually correct. I will try to given a little more explanation to satisfy your quest for knowledge.

1. The notice period is not defined in any of the labour enactments made in India. It is well settled practice in the industry that conditions of notice period are mentioned in the terms and conditions given in the appointment letter. The standard practice is that one month's notice period or salary in lieu thereof is generally prescribed for temporary employees and three months' notice period or salary in lieu thereof is prescribed for confirmed/permanent employees. Therefore you have to refer to terms and conditions given in the appointment letter.

2. It is generally accepted practice that last month's salary of the. resigned employee is put on hold subject to clearance/no dues certificate by concerned departments of the company where the employee is working. Last month's salary is released on full and final (FNF) settlement of accounts

3. The Employer can withhold the required certificates e.g. relieving/service certificate if an employee leaves service without giving appropriate notice and without having been formally relieved. However if the employee wants these certificates then he needs to personally meet the HR Authorities and make request for these letters.

4. For provision related to leave during notice period you will again have to refer to the terms and conditions mentioned in the appointment letter. Generally leave is not permitted during notice period, however if leave is availed by an employee then notice period may be extended by equal number of days.

It may be pointed out that appointment letter is got accepted/acknowledged from the employee at the time of appointment. Therefore the terms and conditions of appointment letter is bilaterally binding. Even then if an employee feels that any term and condition is unreasonable, then he can seek legal remedy by moving to a court of competent jurisdiction. But going to court is generally not advisable unless there are adequate and strong grounds for the same.

With regards,

Srivastava C.M. Lal

Dear friends,

Employment is a "contract" between an employer and employee. And therefore the terms and conditions governed under this Employment contract are the principles by which employment matters have to be dealt. 'Notice period' is one such terms, so what is stated in the terms and conditions of contract (the service conditions) w.r.t. to notice period on 'either side' either for resignation or for termination will apply. Thus the employment contract lays down guidelines as to how a 'notice' has to be issued by either party. There are various periods expressed and in vogue, and generally it's one month and varies to 3 or more months.

Most of the HR policies of employers defines a 'notice period' and employees covered under this policies are bound to follow them. Similarly there are Standing Orders, approved by the Competent Authorities who are legally vested with such powers, which also contains provisions relating to HR matters incl.notice period. However there is no acts/rules which prescribe how much the notice period should be. You may also read the following link:

Notice Period - Law in India - working hours.. CiteLegal

HI this is Rasheena HR of an MNC BPO US based company in Tiruvannamalai.
We are looking for employees who have completed +2, any degree, diploma with good typing skills.
Bur as of now we are not getting people to our expected level.
Please help me by giving any contact details so that we can have man power upto our satisfying count.
Thanks & regards
Rasheena

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