Industrial Relations And Labour Laws
+2 Others

Dear all
I am working in a private limited IT company with an employee size more than 500. Our company has a policy of serving notice period of three months irrespective of any tenure and any grade which is three months which is neither buying back nor adjustable in lieu of basic salary
and even when I resigned before completing my probation period I also asker to service three months notice period whoch is not mentioned In my offer letter . please suggest me should I step forward for any Legal justice.
With regards
Manik Nag
23rd December 2014 From India, Kolkata
Notice period depends upon the company's policy in this regard. If it is not mentioned in the appointment order, normally, there should be some employee manual which is circulated and accepted by each and every employee. Though the employee handbook is not a statutory document like Standing Orders, the same can be treated as the basic document defining the relationship between the employees and the employer and as such will be binding on all the parties. The only thing is that you should have been given advance notice of such important policy matters right at the time of appointing you by way of mentioning it in the appointment order.

Since the company has 500 employees, naturally, the section VB of the Industrial Disputes Act will apply to it. Such companies are required to give three months notice before retrenching employees (Sec. 25N) and if you reverse it or make it applicable to employees to employer, there is justice in saying that the employees should give three months notice before terminating the contract of employment. Any way, the ID Act does not speak anything about period of notice which the employee should give to employer if he wants to terminate the contract. But a logical reasoning is that if the notice to leave a company is three months, the same should be the notice required to be given to terminate an employee.

There can also be interpretations about notice period in the Shops and Commercial Establishments Act. The said Act may have provided for the redressal of such disputes relating to termination etc. Therefore, you can approach the Labour Officer and narrate the things. Sometimes, there could be some direction from the department in your favour.

23rd December 2014 From India, Kannur
Please refer the MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973 to have a clear idea,
23rd December 2014 From India, Ahmadabad
If your establishment is covered by Name of the state Shops and Commercial Establishment Act that was enacted to govern the service conditions of employees working in such establishment then refer to The clauses on notice period.....

It is as per length of service period and is max. 30 days...

The Inspector appointed under this Act (Labor Inspector in local o/o Labor Commissioner might be holding this charge and also as Inspector appointed under Payment of Wages Act) shall not and can not agree to accept notice period beyond the purview of this Act...

If standing orders are applicable but not certified then model standing orders shall apply and probation period during probation period is NIL.....

These being Act/instrument of law/statue shall prevail upon any private agreement that employer has drafted and signed with employees and any service conditions that is inconsistent with such enactment shall not survive....

If no notice period is,inserted in offer/appointment letter issued to you ....then it is binding in employer and can't be breached.....
If reference of some HR policyservice rules and regulations is made in offer/appointment letter then it should have been supplied alongwirh appointment letter and kept in knowledge domain of employees....
As per ID Act prior notice of 21 days is required to be served for any changes in service conditions....

You may show all docs on record to an able labor law consultant service matters Lawyer and your lawyer may ask you set of structured questions and may opine that you are covered by the enactments....
24th December 2014 From India, Chandigarh
You may find another thread and detail and references made in it as useful..
24th December 2014 From India, Chandigarh
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