Hi all, I want some guidance; if the notice period is not mentioned in the offer letter (contract job), is there a need to serve a notice period, or can we immediately resign ?
From India, Mumbai
From India, Mumbai
In the absence of any notice period mentioned in the appointment order, it is presumed that both the parties can terminate the contract of employment without offering any notice. But in respect of an employee who has not been working in a managerial role, ie, a workman under the ID Act, the employer cannot just terminate him but should follow the provisions of ID Act which says that a notice is required to be served if an employer wants to terminate an employee. In the case of contract job (a job, the term of which would be pre fixed) no notice is required if the termination is on the date of expiry of the contract.
From India, Kannur
4240From India, Kannur
If it is job (employment on salary), then in most cases the notice period and exit is mentioned. If you are the HR, you should have the format changed.
If no notice period is mentioned, then the standard notice period specified in the relevant act (factory, shop & establishment) as well as in Standing Orders (which always has a standard notice period) will apply. If it is not in either, then you will need to also check if there is a HR Manual (provided it was shown, communicated and employees were given a chance to read and know it), then the notice period stated in that will apply.
For non-statutory source notice period (eg in HR Manual), it needs to be normal 30 days or what is generally acceptable in the industry. Excessive period would be rejected by the courts (if the matter went up to there)
From India, Mumbai
If no notice period is mentioned, then the standard notice period specified in the relevant act (factory, shop & establishment) as well as in Standing Orders (which always has a standard notice period) will apply. If it is not in either, then you will need to also check if there is a HR Manual (provided it was shown, communicated and employees were given a chance to read and know it), then the notice period stated in that will apply.
For non-statutory source notice period (eg in HR Manual), it needs to be normal 30 days or what is generally acceptable in the industry. Excessive period would be rejected by the courts (if the matter went up to there)
From India, Mumbai
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Notice Period Extension Letter Format.doc