Can We Use the ID Act to Reduce Our 3-Month Notice Period to 1 Month?

manojmanerikar
I'm an employee of an organization having around 4000 employees. Our company does not have a CSO. But still, it's written in the appointment letter of every confirmed employee that he/she should give notice of 3 months before separation. Kindly guide if we can have support from the ID Act regarding 1-month notice for separation.
kumaracme
You are not coming under the workmen category for whom the ID Act is applicable. Hence, either you need to serve a three-month notice period or compensate for the notice period.
saswatabanerjee
Clarification on Notice Period and Standing Orders

Your question is not clear. In general, the rule to be followed is standing orders or contract, whichever is more beneficial to the employee. Since you do not have certified standing orders, model standing orders will apply. Therefore, if the standing orders require more than 3 months' notice, then it will apply. If not, the 3 months specified in the contract (appointment letter) will apply.

You cannot take shelter under the ID Act to dismiss someone for a lesser period. Unless, of course, there was misconduct, and the termination is based on the recommendation of a domestic inquiry and justified by the gravity of the misconduct.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute