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.
From India, Ichalkaranji
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From India, Ichalkaranji
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you are not coming under workmen category for whom ID act is applicable. hence either you need to serve three months notice period or else compensate for notice period.
From India, New Delhi
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425From India, New Delhi
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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.
From India, Mumbai
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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.
From India, Mumbai
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Illegal Termination Complaint under 2A of ID Act V3 - Updated.pdf
Industrial Employment Standing Oder Act.doc