Notice Period Confusion: How Long Should You Serve Before Resigning According to Labor Law?

Hi all,

Can you please tell me, as per labor law, for how many months the notice period should be served before resigning from the job?

Regards,

Raj Kumar

Labour laws don't speak about the notice period when an employee resigns from the job. But they ask you to follow the clauses in the appointment order or the employment standing orders that were accepted by you when joining the establishment.

Dear Ankit,

The labor law does not govern the notice period clause; it is upon individual companies. You will have to actually serve the notice period that you agreed to in your offer letter. Yes, it can be negotiated, but the final word is as per the company itself. This is the best of my understanding.

In the absence of the standing order or the clause in the Appointment Letter, the Factory Act states that the notice period is 30 days. Therefore, if your company's standing order or appointment letter specifies a duration other than 30 days, it remains valid.

As per our BLA - 2006, if employees are under probation, no notice period is required for separation. A management-grade employee may, however, resign from service by serving a notice of fewer than 60 days. In that case, the company will deduct 60 days' gross salary from their final dues in lieu of the notice period.

In the case of a non-management grade employee, 60 days' gross salary will be deducted from their final dues in lieu of the notice period.

NOTICE PERIOD

Reasonable and justifiable service conditions can be included in service rules such as standing orders or appointment orders. Some managements impose a 3-6 month notice period, causing issues for themselves and new candidates trying to join. Arbitrary clauses lead to abuses and embarrassment. New candidates may have to abscond to join a new company that requires immediate joining, while they are expected to serve a 3-6 month notice period when leaving their current company.

A standard notice period could be 1 month for officers/engineers and 2 months for managers/heads of departments and above. In other situations, the notice period may vary depending on factors like bonds, foreign training, etc. Companies that seek to restrict candidates cannot impede their freedom of choice and growth opportunities. The courts are already overloaded with civil cases, and now, due to employment-related matters, employees are forced to resort to legal action for issues like being relieved during the notice period. Some flexibility and understanding from management can help alleviate these problems.

Regards,
C. Neyim Khan