Madhu.T.K
Industrial Relations And Labour Laws
Kumaran Praveen
Hr-trainee

Thread Started by #MeenakshiHrExecutive

Hi Friends,
I have a query regarding employment termination notice.
In most of the companies (specially IT), both employee as well as employer need to give equal number of days notice (for example 60 days) before terminating the employment.
But, is it possible that employer ask employee to give 60 days notice but he himself (employer) give 30 days notice to employee?
Is it legally correct?
If this employment term is already discussed with employee during joining and is mentioned in his appointment letter. Will then it will be ok ?
Please guide me on this. What is legal terms for notice by permanent employees.
Thanks for your support in advance.
-Meenakshi
28th March 2016 From India, Mohali
Hi Buddy,
I think it is wrong because this provision give an advantage to employer in case of termination of employment, even in industrial dispute act says both the party has to give equal no of days of notice or buy out. Even though you have mentioned it in appointment letter it won't stand in front of law. It is against the rights of equality.
With Regards
Mr.Thumbs Up
28th March 2016 From India, Chennai
@Kumaran Praveen, Thanks for your valuable response.
This is what I wanted to know, if there is any law for this or not.
Can you please some web link, where I can go though this or related laws in detail.
Thanks,
Meenakshi
29th March 2016 From India, Mohali
Hi Buddy, please go through Industrial Dispute Act-1947. With Regards Mr.Thumbs Up
30th March 2016 From India, Chennai
The Industrial Disputes Act is silent about any notice to be served by the employee to terminate the contract of employment though the Act insists upon the employer a liability to give notice of required number of days depending upon the number of employees employed in the establishment. It may be 30 days in the case of establishments with not more than 100 workers or three months in the other cases. Moreover, the ID Act may not be applicable to employees with supervisory powers.
From the perspective of principles of natural justice, the notice period from both side should be equal. Still in the case of managerial personnel who has signed a contract of employment with employer to serve 30 days and himself to serve 60 days, the same clause will be maintainable.
Madhu.T.K
31st March 2016 From India, Kannur
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