V.Raghunathan
Process Industry Consultant / Soft Skill
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
+4 Others

Thread Started by #gauravgandhi4all

Who has decided notice period duration for 3 Months? All companies have decided by their own. Any government restriction is involved? Some companies are trying to make it 4 months now...!!! It should be 14 days or lesser like US and European Countries.
13th December 2014 From India, Mumbai
Hi Gaurav Gandhi,
Who created the practice of three months notice period is a stimulating question.
I wish I had known the answer. However three months notice period is a double edged sword.
Whenever a good employee leaves, three months seem too short. Whenever we believe we have recruited a good candidate and he wants three months to join, three months seem to be too long!
V.Raghunathan
13th December 2014 From India
dear friend,
Actually there is no three months notice period as every one claims, yet, three months is being followed for making alternative arrangements, In the Govt Sector, there is one month notice period of pay one month salary for immediate relief that is really the right direction to follow, since, keeping an employee who is not interested is not a worthy decision. I do enclose a copy in this regard. If the post is confirmed then three months notice is advisable duly considering training provided to the employee etc.,
13th December 2014 From India, Arcot

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File Type: pdf 07 Resignation, Retirement & Terminal Benefits.pdf (196.0 KB, 295 views)

Notice Period/pay is part of service conditions that are governed by various enactment applicable to establishment and employee e.g. (Name of the state) Shops and Commercial Establishment Act that was enacted to govern the service conditions of employees working in establishment covered by this enactment.....
Standing Orders (certified/model)

The notice period in these enactments is as per length of service/status of employment as under probation or confirmed and is either NIL or max.30 days.

Any private agreement created by employer and signed with employee or any policy that is inconsistent with such enactment/instrument of lawstatue shall not survive..

Hence the employee that are covered are protected....

The establishment would like to claim employee is not covered however an able Labor Law Consultant Service matters lawyer may ask a set of structured questions and may opine that you are covered...

For employee that are not covered they should negotiate service conditions..

Employee's at any level can form unions/IC/
16th December 2014 From India, Chandigarh
#Anonymous
Dear Sir/ma'am, I want to know that if anybody (Girls) take maternity paid leave as per given low rules for days 80-84 days. After that if the particular employee did not join the organization then what action should taken by the company.
17th December 2014 From India, Aurangabad
No action can be taken except the consideration for the notice period
18th December 2014 From India, Calcutta
Can you help me solving one case? One Management cadre employee served the resignation letter with three months notice period as per his appointment letter. Now company is willing to release him immediately, but the person concern is willing to serve three months notice. Can management release him immediately, any legal or SC ruling in this matter.
19th December 2014 From India, Durgapur
If management wish to release him immediately then he has to be paid in for the notice period unless it is mutually agreed.
19th December 2014 From India, Calcutta
Mr Pradipta is right.The date of retirement by resignation chosen by employee can’t be preponderance or postponed. The employer can offer to tender notice pay and employee can accept or reject.
20th December 2014 From India, Chandigarh
Pl quote any reference of Act/rule/Regulation or SC ruling, so that higher management can be advised.
21st December 2014 From India, Durgapur
Supreme Court of India

Nand Keshwar Prasad vs Indian Farmers Fertilizers ... on 1 April, 1998

http://www.indiankanoon.org/doc/1452145/

“11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective…….”

 

>>>> The Supreme Court judgment by Justice B N Srikrishna, Justice C K Thakker

“ holding that  that an employee can withdraw his resignation during the notice period and is entitled to consequential benefits from the company if he is not allowed to work.”

 

 

Supreme Court of India

Srikantha S.M vs Bharath Earth Movers Ltd on 7 October, 2005

 

http://www.indiankanoon.org/doc/1097853/

“The appellant was informed that his resignation had been accepted and he would be relieved `with immediate effect'. It was also stated that the appellant would be entitled for pay towards notice period as per Company rules.”

 

 

“It was urged on behalf of the Bank that Regulation 20(2) provided for notice to protect the interest only of the employer (Bank) and to enable it to make other arrangements in the place of the resigning employee. The proviso to clause (2) enabled the Bank to reduce the notice-period to less than three months and as such it was not obligatory for the Bank to wait till the notice period would expire.”

 

 

 

"We are of the opinion that clause (2) of the regulation and its provisons are intended not only for the protection for the bank but also for the benefit of the employee. It is common knowledge that a person proposing to resign often wavers in his decision and even in a case where has taken a firm decision to resign, he may not he ready to go out  immediately. In most cases he would need a period of adjustment and hence like to defer the actual date of relief form duties for a few months for various personal reasons. Equally an employer may like to have time to make some alternative arrangement before relieving the resigning employee. Clause (2) is carefully worded keeping both these requirements in mind. It gives the employee a period of adjustment and rethinking. It also enables the bank to have some time to arrange its affairs, with the liberty, in an appropriate case, to accept the resignation of an employee even without the requisite notice if he so desires it. The proviso in our opinion should not be interpreted as enabling a bank to thrust a resignation on an employee with effect from a date different from the one on which he can make his resignation effective under the terms of the regulation. We, therefore, agree with the High Court that in the present case the resignation of the employee could have become effective only on or about April 21, 1986 or on June 30, 1986 and that the bank could not have ``accepted'' that resignation on any earlier date. The letter dated February 7, 1986 was, therefore, without jurisdiction."
22nd December 2014 From India, Chandigarh
I have posted these judgments in following thread at: http://www.lawyersclubindia.com/mobile/forum/details.asp?mod_id=89204
22nd December 2014 From India, Chandigarh
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