Hi all, I want some guidance; if the notice period is not mentioned in the offer letter (contract job), is there a need to serve a notice period, or can we immediately resign ?
From India, Mumbai
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From India, Mumbai
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In the absence of any notice period mentioned in the appointment order, it is presumed that both parties can terminate the contract of employment without offering any notice. However, in respect of an employee who has not been working in a managerial role, i.e., a workman under the ID Act, the employer cannot simply terminate them but should follow the provisions of the ID Act, which state that a notice is required to be served if an employer wishes to terminate an employee. In the case of a contract job (a job with a pre-fixed term), no notice is required if the termination occurs on the date of expiry of the contract.
From India, Kannur
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4491From India, Kannur
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If it is a job (employment on salary), then in most cases, the notice period and exit are mentioned. If you are the HR, you should have the format changed.
Notice Period Guidelines
If no notice period is mentioned, then the standard notice period specified in the relevant act (factory, shop & establishment) as well as in Standing Orders (which always have a standard notice period) will apply. If it is not in either, then you will need to also check if there is an HR Manual (provided it was shown, communicated, and employees were given a chance to read and know it), then the notice period stated in that will apply.
Non-Statutory Notice Periods
For non-statutory source notice periods (e.g., in HR Manual), it needs to be a normal 30 days or what is generally acceptable in the industry. An excessive period would be rejected by the courts (if the matter went up there).
From India, Mumbai
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Notice Period Guidelines
If no notice period is mentioned, then the standard notice period specified in the relevant act (factory, shop & establishment) as well as in Standing Orders (which always have a standard notice period) will apply. If it is not in either, then you will need to also check if there is an HR Manual (provided it was shown, communicated, and employees were given a chance to read and know it), then the notice period stated in that will apply.
Non-Statutory Notice Periods
For non-statutory source notice periods (e.g., in HR Manual), it needs to be a normal 30 days or what is generally acceptable in the industry. An excessive period would be rejected by the courts (if the matter went up there).
From India, Mumbai
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Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Notice period.jpg
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(Fact Checked)-The user reply is correct regarding the termination of a contract job without a notice period. For employees under the ID Act, notice is required. No notice is needed for contract job termination on the date of expiry. (1 Acknowledge point)