Notice Period Dilemma: Does My Company Need to Give Me 45 Days' Notice Too?

Hi, I have a notice period of 45 days that I need to follow if I want to leave the organization. That's clear. But what if the organization wants me to leave the company? Is it necessary for them to inform me 45 days in advance as well? Is the notice period applicable to the company too?

Thank you!

If such a condition is stipulated for management in the contract of service, which is normally the case.

Regards

Yes, the notice period is for both parties; however, that is only in the case of performance issues. On the contrary, if the company is terminating you for insubordination, theft, or misrepresentation of facts, then the termination is with immediate effect without any notice period.

For more details, you can refer to - Dynamics of Human Resource Management: Employee Separation – Notice Period or Dynamics of Human Resource Management: Employee Separation – Resignation, Termination, and Absconding.

Notice Period Terms in Employment Agreements

It will depend upon the terms of your appointment. Normally, such types of agreements can be terminated by either party with an equal period of notice or payment in lieu thereof. Please recheck the relevant clause in your appointment letter or service agreement, if any.

Regards,

Most companies tend to separate employees without giving notice. In such cases, the termination must be notified, and they will have to pay you for the month. Conversely, you have to buy the notice period if you wish to leave. Therefore, systematically, both parties will benefit.

Understanding Employment Contracts and Notice Periods

Employment is a contract treated like a promise wherein the conditions are laid out for both parties (employer and employee). In the case of termination of employment, if it's a voluntary resignation from the employee, they have to serve the stipulated notice period or pay salary in lieu of the notice period.

On the employer's end, if they are terminating the employment (such as in the case of layoffs or any reason where it's not due to the employee's fault), then similarly, the employer also has to abide by the same rules, that is, notice period or salary in lieu of the notice period.

If the employer is terminating the employment of the employee on grounds of unethical behavior, harassment, theft, etc., then in this case, the employment can be terminated with immediate effect, and the employer need not give the employee any notice period or salary in lieu of.

I hope this is clear.

Thanks & Good Day,

Prathiba Nair

There are certain cases where the employee can be relieved immediately. You will be paid until your last day in the organization and not until your anticipated last day (end of notice period). Kindly check the following link for more details - http://sanjeevhimachali.blogspot.in/...ce-period.html