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!
From India, Pune
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1Thank you!
From India, Pune
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If such conditin is stipulated for management also in the contarct of service which normally is. B.Saikumar HR & Labour Law advsior Mumbai
From India, Mumbai
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From India, Mumbai
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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.
From India, Mumbai
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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.
From India, Mumbai
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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,
From India, Delhi
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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,
From India, Delhi
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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.
From India, Visakhapatnam
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From India, Visakhapatnam
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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
From India, Pune
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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
From India, Pune
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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
From India, Mumbai
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From India, Mumbai
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The Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Ac.pdf
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