Employment Termination Notice Query
I have a query regarding employment termination notice. In most companies, especially in IT, both the employee and the employer need to give an equal number of days' notice (for example, 60 days) before terminating the employment. However, is it possible for the employer to ask the employee to give a 60-day notice while only giving a 30-day notice to the employee? Is this legally correct? If this employment term was discussed with the employee during their joining and is mentioned in their appointment letter, would it then be okay? Please guide me on this. What are the legal terms for notice by permanent employees?
Thanks for your support in advance.
Regards, Meenakshi
From India, Mohali
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2I have a query regarding employment termination notice. In most companies, especially in IT, both the employee and the employer need to give an equal number of days' notice (for example, 60 days) before terminating the employment. However, is it possible for the employer to ask the employee to give a 60-day notice while only giving a 30-day notice to the employee? Is this legally correct? If this employment term was discussed with the employee during their joining and is mentioned in their appointment letter, would it then be okay? Please guide me on this. What are the legal terms for notice by permanent employees?
Thanks for your support in advance.
Regards, Meenakshi
From India, Mohali
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Hi Buddy,
I think it is wrong because this provision gives an advantage to the employer in the case of termination of employment, even though the Industrial Dispute Act states that both parties have to give an equal number of days of notice or buyout. Even if you have mentioned it in the appointment letter, it won't stand in front of the law. It goes against the rights of equality.
With Regards,
Mr. Thumbs Up
From India, Chennai
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I think it is wrong because this provision gives an advantage to the employer in the case of termination of employment, even though the Industrial Dispute Act states that both parties have to give an equal number of days of notice or buyout. Even if you have mentioned it in the appointment letter, it won't stand in front of the law. It goes against the rights of equality.
With Regards,
Mr. Thumbs Up
From India, Chennai
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@Kumaran Praveen, thank you for your valuable response. This is what I wanted to know, if there is any law for this or not. Can you please share some web links where I can go through this or related laws in detail.
Thanks,
Meenakshi
From India, Mohali
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Thanks,
Meenakshi
From India, Mohali
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Notice Period and the Industrial Disputes Act
The Industrial Disputes Act is silent about any notice to be served by the employee to terminate the contract of employment, though the Act insists upon the employer's liability to give notice of the required number of days depending upon the number of employees employed in the establishment. It may be 30 days in the case of establishments with not more than 100 workers or three months in other cases. Moreover, the ID Act may not be applicable to employees with supervisory powers.
From the perspective of the principles of natural justice, the notice period from both sides should be equal. Still, in the case of managerial personnel who have signed a contract of employment with the employer to serve 30 days and themselves to serve 60 days, the same clause will be maintainable.
Regards, Madhu.T.K
From India, Kannur
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The Industrial Disputes Act is silent about any notice to be served by the employee to terminate the contract of employment, though the Act insists upon the employer's liability to give notice of the required number of days depending upon the number of employees employed in the establishment. It may be 30 days in the case of establishments with not more than 100 workers or three months in other cases. Moreover, the ID Act may not be applicable to employees with supervisory powers.
From the perspective of the principles of natural justice, the notice period from both sides should be equal. Still, in the case of managerial personnel who have signed a contract of employment with the employer to serve 30 days and themselves to serve 60 days, the same clause will be maintainable.
Regards, Madhu.T.K
From India, Kannur
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Legal Notice.pdf
Notice for termination of Contract Sample.doc