Dear seniors,
I have a query: my company has decided that if an employee wishes to resign, the notice period would be 3 months. However, if the company wishes to terminate someone, the notice period would be 1 month or even less. Is that legally right?
Please reply.
From India, Mumbai
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2I have a query: my company has decided that if an employee wishes to resign, the notice period would be 3 months. However, if the company wishes to terminate someone, the notice period would be 1 month or even less. Is that legally right?
Please reply.
From India, Mumbai
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Hi, Its depend companies HR policies. If it is maintain in HR Manual, then it is legally right. Regards, BG
From India, Mumbai
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From India, Mumbai
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But we are in the process of formulatig HR policies , and while this topic came up, this is what was decided.Can any employee challenge this ?
From India, Mumbai
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From India, Mumbai
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please reply............................................................................................................................25 views
From India, Mumbai
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From India, Mumbai
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Dear All, As per my knowledge, notice period should be equal for the employer and employees on the basis of natural law of justice. Dear expert your comments on the legal point of view.
From India, Bhubaneswar
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From India, Bhubaneswar
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Hi, please go through this link. We have already discussed the Notice Period: https://www.citehr.com/344476-notice-period.html
From India, Gurgaon
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From India, Gurgaon
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Abedeen, you are right. Any policy acceptable to both employer and the employee will have the sanction of law otherwise it will be categorised as unilateral or arbitrary. Pon
From India, Lucknow
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From India, Lucknow
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so, is there any law that I can quote and tell the management that this is wrong and get the policy reframed ?
From India, Mumbai
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From India, Mumbai
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AFIK, there is no guidelines in various laws. ID act just merely speak abt the retrenchment wherein the labour shall be served one month notice or pay in lieu of. Pon
From India, Lucknow
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From India, Lucknow
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seniors please share your views on this..and let me know if we can have different notice periods from both sides
From India, Mumbai
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From India, Mumbai
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Yes, it is true to say that the notice period should be equal for both the employee and the employer. This three-month policy is just to make the exit of an employee a little harder because if an employee wants to move and gives an interview for another organization, they will wait a maximum of one month for that employee to join. They won't have any choice but to resign before the required notice period lapses. This should be reasonable and should have some rules governing it too.
The companies should not have the power to choose the notice period arbitrarily.
From India, New Delhi
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The companies should not have the power to choose the notice period arbitrarily.
From India, New Delhi
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Hi,
Please help me. I want to know if a lower percentage affects job opportunities. Actually, I completed my MBA from 2009-2011 (Pune University). However, I have backlogged papers from the fourth semester. Will this create difficulty in finding a job? Please suggest me.
Thanks.
From India, Mumbai
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Please help me. I want to know if a lower percentage affects job opportunities. Actually, I completed my MBA from 2009-2011 (Pune University). However, I have backlogged papers from the fourth semester. Will this create difficulty in finding a job? Please suggest me.
Thanks.
From India, Mumbai
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First, you complete your MBA. The reason is that when you finish your MBA, your CV is very powerfully presented on the HR desk. Okay, listen to which subject you have a backlog in. For your first job, join a temporary finance firm that offers finance consultancy. Gain knowledge from there and complete your MBA because practical knowledge is essential when you finish your MBA, and practical knowledge stays with you.
From India, Nasik
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From India, Nasik
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Different companies have different rules. There is no hard and fast rule that the notice period for the employer and employee must be one and the same. As someone quoted, if the employer meets the requirement of the law (i.e., giving one month notice) before asking a person to quit and abides by that, then they are certainly following the rule. However, concerning the employee, if they are required to give 3 months' notice, and if they accept the appointment letter by signing, then the employee must adhere to it.
Balaji
From India, Madras
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Balaji
From India, Madras
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Good Morning!
I wish to inform you that the notice period has to be equal for both the parties to the contract.
The employee can screw the employer if he goes to court for violation of his Fundamental Rights provided to him by the Indian Constitution.
Fundamental Rights of the Indian Constitution;
Article 14 : Equality before law – The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Equality before the law implies that no one is above the law of the land.
Please advise your employer to keep the notice period equal.
Regards
Hemant Raakh
Sr. Manager - HR
United Spirits Ltd., Nashik
"Helping hands are better than praying lips"
From India, Nasik
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I wish to inform you that the notice period has to be equal for both the parties to the contract.
The employee can screw the employer if he goes to court for violation of his Fundamental Rights provided to him by the Indian Constitution.
Fundamental Rights of the Indian Constitution;
Article 14 : Equality before law – The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Equality before the law implies that no one is above the law of the land.
Please advise your employer to keep the notice period equal.
Regards
Hemant Raakh
Sr. Manager - HR
United Spirits Ltd., Nashik
"Helping hands are better than praying lips"
From India, Nasik
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Dear,
We have the same condition in our appointment letter. However, recently we have updated the notice period from one month to three months from the employer's side. The notice period should be the same on both sides, i.e., for the employer and the employee.
BP
From United States, Edison
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We have the same condition in our appointment letter. However, recently we have updated the notice period from one month to three months from the employer's side. The notice period should be the same on both sides, i.e., for the employer and the employee.
BP
From United States, Edison
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Hi,
The serving of the notice period is equally treated for both sides. The period of the notice period may differ from company to company, but it should be equal for both the employee and employer. Any unavailed leave may be adjusted during the notice period, and only the balance period should be considered for compensation on either side in lieu of the notice period.
From India, Madras
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The serving of the notice period is equally treated for both sides. The period of the notice period may differ from company to company, but it should be equal for both the employee and employer. Any unavailed leave may be adjusted during the notice period, and only the balance period should be considered for compensation on either side in lieu of the notice period.
From India, Madras
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Separation terms cannot be biased. It has to have equal weightage for mutual benefit. The notice period has to be the same for both sides as per the principles of Natural Justice. Otherwise, if any employee seeks legal recourse, the company will be in a difficult situation.
Regards,
NKT
From United States, Cambridge
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Regards,
NKT
From United States, Cambridge
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Dear Buzz,
The notice period is equal for both sides, i.e., for the employer and the employee. The period of notice may differ from company to company, whereas the notice period is equal for either side to serve. Any unavailed leave or balance leave on credit may be adjusted within the notice period for the purpose of calculation for settlement.
T. Kumar (Jagdish)
From India, Madras
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The notice period is equal for both sides, i.e., for the employer and the employee. The period of notice may differ from company to company, whereas the notice period is equal for either side to serve. Any unavailed leave or balance leave on credit may be adjusted within the notice period for the purpose of calculation for settlement.
T. Kumar (Jagdish)
From India, Madras
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Subject: Notice Period
In our appointment order, we clearly state that one month's notice or one month's salary is a condition to leave the job. However, some staff are leaving the service without any notice and joining a new company within two or three days from the date of submission of their resignation.
Experts, please advise in this case what are the legal rights of the company? What are the benefits that the company can withhold from employees? Is there a letter draft available to send to such employees leaving without any notice?
From India, Coimbatore
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In our appointment order, we clearly state that one month's notice or one month's salary is a condition to leave the job. However, some staff are leaving the service without any notice and joining a new company within two or three days from the date of submission of their resignation.
Experts, please advise in this case what are the legal rights of the company? What are the benefits that the company can withhold from employees? Is there a letter draft available to send to such employees leaving without any notice?
From India, Coimbatore
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As per law company can make 3 month notice period if employee strength is 100 or more and notice period is same for both employee and employer
From India, Surat
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From India, Surat
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Even my company acts in a similar manner, where if an employee wants to leave, he/she has to give 3 months' notice. However, if the company terminates an employee, the notice period is only 1 month.
Being an HR professional, I believe this policy is fair because if a company terminates an employee, there must be a significant reason for it. It signifies that the employer no longer requires the employee's services. Such an employee then becomes a liability for the company rather than an asset, and the risk of losing a good replacement candidate due to the 3-month notice period also increases.
Additionally, consider the expenses involved; the company would have to continue paying the salary of an unwanted employee.
Thank you for your attention to these matters.
From India, Mormugao
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Being an HR professional, I believe this policy is fair because if a company terminates an employee, there must be a significant reason for it. It signifies that the employer no longer requires the employee's services. Such an employee then becomes a liability for the company rather than an asset, and the risk of losing a good replacement candidate due to the 3-month notice period also increases.
Additionally, consider the expenses involved; the company would have to continue paying the salary of an unwanted employee.
Thank you for your attention to these matters.
From India, Mormugao
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Legal Notice for Breach of Notice Period .docx
Enforcement of negative covenants in employment terms.pdf