Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
SASHMITA
Hr Professional
Nathrao
Insolvency N Gst Professional
Yrshirke
Hr / Ir

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Dear Members, Greetings!!
In terms of employment contract, is it possible that organisation gives one month notice and in lieu employee needs to serve two/three month's notice.
Please confirm if this is feasible legally.
Regards,

Question is not clear.
But from what I understood:
Both employer and employee can have only same notice period.

Hi SASHMITA,
You are calling it employment contract,terms and conditions which are acceptable to both parties make a valid contract.
And when the employer can ask one month's notice is enough for him,how does or how can it differ to the employee?

Dear Shasmita,
Any of the contract is assumed valid when it is two-sided.
In my opinion, one-sided contract / agreements can be challenged by anyone.

Thank you so much for your responses, I agree that both parties have to have similar arrangements. I wanna have clarity in terms, is there a possibility of having different notice periods as per organisations internal policy.
Has any one come across such arrangements at senior level?
Looking forward to have further clarification on the same.

Having different notice periods does not per-se render it illegal, though it could be unethical or unconscionable. For an agreement to be legally valid it has to have a consideration which is legal. So long as the object of the agreement is legally valid, the terms thereof depends on bargaining power of the respective parties. This type of employment clause is prevalent, as a newly joining employee does not have much bargaining power.
SASHMITA,
Contract means both the parties agreed between them , accept the terms & conditions as mentioned in the contract .
Therefore all terms & conditions remained mutually agreed upon .
Regards ,
Y.R.Shirke

Dear Sashmita,
" Unconscionablity " the term correctly used in the context by our friend KK!HR is a doctrine in Contract Law that refers to the inherent or explicit quality of the terms of the contract favouring the party with relatively superior bargaining power. Therefore, internal policy of any organization or hierarchy of the position for which the contract of employment is made has no relevance in this connection. What is unethical is always unethical. The employer who stands on the relatively higher pedestal , can well be within his rights to reject the buy-out option of the employee in the event of unilateral termination at his behest and insist on serving the entire notice period on exigencies of work.

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