Notice period
radha
(Querist) 17 May 2010
This query is : Resolved
Sir,
I have read in forum that:
The ID act evisage minimum 1 month notice period for worker. notice period will be as per company's standing order it will be one month or three month. most of campany decided three month notice period for staff and one month for workers.
Kindly clarify:
1. If an employee's notice period mentioned in his appointment letter is 1 month, would he be a worker and can he raise Industrial dispute.
2. can a company after writing notice period as 1 month in appointment letter, increase it to 2 months by a letter signed by Associate Director-HR to the employee and obtain its receipt from employee, and then claim that notice period is 2 months ( all this during the period attrition in the company is high) and then again decrease the notice period by a letter signed by Associate Director-HR to the employee and obtain its receipt from employee, and then claim that notice period is 1 months ( All this during the period the company is in te process of obtaining resignations from the employees /terminating employees to replace them with new manpower).
Is this increase/ decrease legally correct and valid.
What should be the correct notice period in this case.
Can the benefit of incresae in notice period and hence notice pay once given be withdrawn in case the employee is either terminated or a notice of resignation is given.
3.After this exercise of increase/ decrease in notice period and finally notice period once again being 1 month, can the employee raise ID in case of termination.
4.After this exercise of increase/ decrease in notice period, can the company keep notice period of 1 employee as 1 month and another as 2 month, evn if the employees are at the same designation.
Regards
Radhabeas@gmail.com
mahendrakumar
(Expert) 18 May 2010
applicability of id act is not based on notice period.
notice period can vary as per the terms of employment offer letter. subsequent modifications could be made by obtaining the consent of the employee.
