Can someone tell me if it is fair for management to give short notice to an employee to leave the company, based on decisions related to human resource planning and reorganizing the company? I would like to know the fair span of time that can be given to a permanent employee and an employee who is on probation. It would be highly helpful to suggest this to my top management so that employees can feel fairly treated by management.
Thanks,
Phanisri M.
From India, Hyderabad
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Thanks,
Phanisri M.
From India, Hyderabad
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As per the law, the minimum notice period on either side is 30 days. However, the terms specified in the offer letter and the agreement made between the employee and employer at the time of appointment can be considered.
Thanks and regards,
Laxmi
[Phone Number Removed For Privacy Reasons]
From India, Hyderabad
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38Thanks and regards,
Laxmi
[Phone Number Removed For Privacy Reasons]
From India, Hyderabad
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Situations Governing Termination Notice
Your case is governed by four situations:
1) If the contract of service, i.e., offer letter/letter of appointment, stipulates any notice period, the company shall follow it.
2) If the letter of appointment is silent on this issue and you are not a workman under the Industrial Disputes Act, then also the company shall hear you and give you at least one month's notice on the principles of natural justice.
3) If the letter of appointment is silent on this issue and you are a workman under the Industrial Disputes Act and have worked for 240 days in a period of 12 months in the company, the company is bound to give you one month's notice or in lieu thereof one month's wages under Sec.25-F of the Industrial Disputes Act.
4) If the letter of appointment specifically stipulates that your services are terminable without notice and you are not a workman under the Industrial Disputes Act, then the company may terminate you without notice.
Regards,
B. Saikumar
Mumbai
From India, Mumbai
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Your case is governed by four situations:
1) If the contract of service, i.e., offer letter/letter of appointment, stipulates any notice period, the company shall follow it.
2) If the letter of appointment is silent on this issue and you are not a workman under the Industrial Disputes Act, then also the company shall hear you and give you at least one month's notice on the principles of natural justice.
3) If the letter of appointment is silent on this issue and you are a workman under the Industrial Disputes Act and have worked for 240 days in a period of 12 months in the company, the company is bound to give you one month's notice or in lieu thereof one month's wages under Sec.25-F of the Industrial Disputes Act.
4) If the letter of appointment specifically stipulates that your services are terminable without notice and you are not a workman under the Industrial Disputes Act, then the company may terminate you without notice.
Regards,
B. Saikumar
Mumbai
From India, Mumbai
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Short Notice and Fairness in Employment Termination
When an employee leaves the organization by serving a short notice, management does not consider whether it's fair or unfair. Management only checks whether the employee has paid the salary for the short notice or not.
Similarly, the employee should ensure that the management has paid the salary for the short notice, instead of focusing on fairness or unfairness.
The conclusion is that if the management has instructed the employee to leave the job by providing short notice and has paid the salary for the short notice, then it's fair.
Regards,
Arun J.
From India, Hyderabad
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When an employee leaves the organization by serving a short notice, management does not consider whether it's fair or unfair. Management only checks whether the employee has paid the salary for the short notice or not.
Similarly, the employee should ensure that the management has paid the salary for the short notice, instead of focusing on fairness or unfairness.
The conclusion is that if the management has instructed the employee to leave the job by providing short notice and has paid the salary for the short notice, then it's fair.
Regards,
Arun J.
From India, Hyderabad
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Notice of Employee Change.doc