Dear All Kindly let me know , Notice period applicable to those who are working under Factories ? If applicable pls furnish with relevant section /rule Thanks kk
From India, Coimbatore
46From India, Coimbatore
Notice period is not a subject of Factories Act but Industrial Disputes Act and it applies to all establishments including factories, mines, shops and commercial establishments etc. Unless otherwise provided in the Certified Standing Orders of the company, employer intending to terminate or retrench the service of an employee, is required to give one month notice. This notice will become three months notice in case of companies employing 100 or more workers. In case of closing down of establishment also notice pay or notice (two months) is to be given. In general, notice period is the period given to the employees to find an alternative employment.
As against the above, the employer also fixes a notice period which the employee should serve to the employer if the former wants to terminate his relationship with the latter. That may also run from 30 days to three months. Generally, the notice which the employee should give in order to resign and leave the employer should be the same as that to be given by the employer to remove an employee.
As stated, the ID Act has provided for giving notice or paying notice pay in lieu of notice in case an employer wants to retrench employees or close down his establishment. But there is no such responsibility on the part of employee to give notice or pay notice pay. As such, the latter is purely governed by the contract of employment or certified standing order of the company.
Madhu.T.K
From India, Kannur
As against the above, the employer also fixes a notice period which the employee should serve to the employer if the former wants to terminate his relationship with the latter. That may also run from 30 days to three months. Generally, the notice which the employee should give in order to resign and leave the employer should be the same as that to be given by the employer to remove an employee.
As stated, the ID Act has provided for giving notice or paying notice pay in lieu of notice in case an employer wants to retrench employees or close down his establishment. But there is no such responsibility on the part of employee to give notice or pay notice pay. As such, the latter is purely governed by the contract of employment or certified standing order of the company.
Madhu.T.K
From India, Kannur
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