Notice pay or notice to be given by the employee to leave an organisation or by the employer to terminate an employee depends upon the nature of the industry, the number of employees the establishment employs and the functional responsibilities of the employee concerned. Any establishment falling under the scope of 'industry' who desires to terminate a worker shall give at least one month notice, but notice but a factory or mine wherein 100 or more workers are employed should give three months notice to terminate a workman. Therefore, the notice will depend upon the nature of industry and the number of employees the establishment employs.
Now the notice or payment in lieu of notice also depends on the functional responsibilities of the employee concerned. When the law says that an employer is under a legal obligation to give notice to an employee who is covered by the Industrial Disputes Act, the same does not apply to an employee who is not a workman under the ID Act. Then who is a workman? A workman is one who does not have any functional responsibilities of a manager. Then who is a manager? An employee having supervisory and decision making powers to whom some employees report only is a manager. That means in respect of employees having managerial powers, the employer can decide what should be the notice period. It can be one month, two months or three months.
In respect of employees who are not having any supervisory or managerial powers, the provisions of Industrial Disputes Act will apply. As already pointed out, if an employer wants to terminate an employee he should be given notice. But there is no provision under any law that a workman should give notice to leave an employer. Simple, in respect of employees not having supervisory roles, you cannot have a notice period or ask them to pay salary in lieu of notice if they want to leave. However, most of the companies have at least one month notice period and the employees do follow it.
Notice period and payment in lieu of notice, therefore, should be in accordance with the law in force, failing which the same can be challenged, and then purpose would nt be fulfilled.
From India, Kannur
4193Now the notice or payment in lieu of notice also depends on the functional responsibilities of the employee concerned. When the law says that an employer is under a legal obligation to give notice to an employee who is covered by the Industrial Disputes Act, the same does not apply to an employee who is not a workman under the ID Act. Then who is a workman? A workman is one who does not have any functional responsibilities of a manager. Then who is a manager? An employee having supervisory and decision making powers to whom some employees report only is a manager. That means in respect of employees having managerial powers, the employer can decide what should be the notice period. It can be one month, two months or three months.
In respect of employees who are not having any supervisory or managerial powers, the provisions of Industrial Disputes Act will apply. As already pointed out, if an employer wants to terminate an employee he should be given notice. But there is no provision under any law that a workman should give notice to leave an employer. Simple, in respect of employees not having supervisory roles, you cannot have a notice period or ask them to pay salary in lieu of notice if they want to leave. However, most of the companies have at least one month notice period and the employees do follow it.
Notice period and payment in lieu of notice, therefore, should be in accordance with the law in force, failing which the same can be challenged, and then purpose would nt be fulfilled.
From India, Kannur
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