Notice Period Duration - Pdf Download

Who has decided notice period duration for 3 Months? All companies have decided by their own. Any government restriction is involved? Some companies are trying to make it 4 months now...!!! It should be 14 days or lesser like US and European Countries.

Hi Gaurav Gandhi,
Who created the practice of three months notice period is a stimulating question.
I wish I had known the answer. However three months notice period is a double edged sword.
Whenever a good employee leaves, three months seem too short. Whenever we believe we have recruited a good candidate and he wants three months to join, three months seem to be too long!
V.Raghunathan

dear friend,
Actually there is no three months notice period as every one claims, yet, three months is being followed for making alternative arrangements, In the Govt Sector, there is one month notice period of pay one month salary for immediate relief that is really the right direction to follow, since, keeping an employee who is not interested is not a worthy decision. I do enclose a copy in this regard. If the post is confirmed then three months notice is advisable duly considering training provided to the employee etc.,

Notice Period/pay is part of service conditions that are governed by various enactment applicable to establishment and employee e.g. (Name of the state) Shops and Commercial Establishment Act that was enacted to govern the service conditions of employees working in establishment covered by this enactment.....
Standing Orders (certified/model)

The notice period in these enactments is as per length of service/status of employment as under probation or confirmed and is either NIL or max.30 days.

Any private agreement created by employer and signed with employee or any policy that is inconsistent with such enactment/instrument of lawstatue shall not survive..

Hence the employee that are covered are protected....

The establishment would like to claim employee is not covered however an able Labor Law Consultant Service matters lawyer may ask a set of structured questions and may opine that you are covered...

For employee that are not covered they should negotiate service conditions..

Employee's at any level can form unions/IC/

Dear Sir/ma'am, I want to know that if anybody (Girls) take maternity paid leave as per given low rules for days 80-84 days. After that if the particular employee did not join the organization then what action should taken by the company.

No action can be taken except the consideration for the notice period

Can you help me solving one case? One Management cadre employee served the resignation letter with three months notice period as per his appointment letter. Now company is willing to release him immediately, but the person concern is willing to serve three months notice. Can management release him immediately, any legal or SC ruling in this matter.

If management wish to release him immediately then he has to be paid in for the notice period unless it is mutually agreed.

Mr Pradipta is right.The date of retirement by resignation chosen by employee can't be preponderance or postponed.
The employer can offer to tender notice pay and employee can accept or reject.

Pl quote any reference of Act/rule/Regulation or SC ruling, so that higher management can be advised.