Notice Period Dilemma: Is It Legal to Have Different Terms for Resignation and Termination?

Hi, I just wanted to know if legally we can have different notice periods in the case of resignation and termination. If an employee resigns, they need to serve a two-month notice period, whereas if they are terminated, the employer can give them a one-month notice.

Termination is a disciplinary action, whereas resignation is a voluntary action. In my opinion, it is not necessary to give a notice period for termination because you will terminate an employee only when they are found guilty of some wrongdoing. However, if a notice period is provided in termination, it is not a bad practice either. By giving notice, you offer the terminated individual an opportunity to improve themselves and provide them with some space to manage their personal and professional life.

The number of days in the notice period for resignation is typically a contractual obligation between the employer and the employee.

Since your establishment falls in the State of UP, when finalizing the contract, keep in view the provisions of Sections 19 and 20 of the UP Shops and Establishment Act, 1962 because these must be complied with at the relevant time.

Thanks,

Sushil