Haryana: notice period
Ranjeet Singh chauhan
(Querist) 28 October 2013
This query is : Resolved
Hi Law intellectuals,
I am really previledge to address this concern with MY LAW FAMILY.
one of my friend was working with one company based in gurgaon. He was earning Rs. 20000/-. Recently he switched to other company and his resigantion was confirmed by his previos employer. As my friend did not wish to serve the notice period so he decided to pay the arrears to the previous company.
He was under an impression on below given counts.
1. Company would ask him for 1 month notice period.
2. Company would ask him to pay basic of his salary, if he wish to buy the notice period.
To his surprise company asked him to pay 2 months gross salary which is Rs. 40000/-
Now, he is in great pain and want assistance on following given queries.
1. Does the notice period of 2 months is what employee has to service as per HARYANA LAW.
2. Does employee has to pay the gross salary and not the basic of his monthy salary.
Request you all to please assist in the above query with reference to relevent provision of Laws prevailing in State of Haryana.
Thanks & Regards,
Vishal Nagar
9213284009
Devajyoti Barman
(Expert) 28 October 2013
1. There is no law for this. Each employer can fix notice period as per their respective job contract.
2. Refer to his job contract. Both of them are bound by this.
Rajendra K Goyal
(Expert) 29 October 2013
The appointment letter and the service conditions applicable in the company are to be seen for both. Each company has its own notice period and definition of pay (for notice pay refund) policy.
Kumar Doab
(Expert) 05 December 2013
If it is a commercial establishment the Punjab Shops and Commercial Establishments Act may be looked into as Haryana follows it.
If the establishment is not exempted it should have displayed registration certificate near entrance:
If the employee is covered as ‘Employee’ as defined in the Act, he may look into:
Sec:2(iv), (vi) (xxvii)
3, 4,5, 23...................................
As per language the notice period is 30 days ( if service is > 3 months) and notice pay seems to be one month’s pay as per def. of wages in Payment of Wages Act.
And employer can forfeit the same too.
The standing orders may also be applicable to the establishment and it might be extendable to designation of employee.
As per Model Standing Orders (Haryana Industrial_Employment_Act as per Industrial Employment Standing Orders Act) the notice period during probation period is NIL and max. 1 months after conformation of service.
If standing orders are certified and extended to the designation of employee the notice period stated in CSO shall prevail.
The notice period stated in standing orders (certified/model) shall prevail upon appointment letter and employer himself is responsible for faithful observance of standing orders.
These enactments might be available at website of dept. of labor Haryana, along with contact details of Inspectors under the enactments.
You would notice that as per the enactments the service conditions should be equitable: similar for both employer and employee.
The designation alone does not decide the candidate is ‘Workman’ or ‘Employee’ or not.
If the employee is not covered the notice period may be in line with job advertisement, appointment letter, service rules, service conditions, HR policy...............................................The courts of law do not look at appointment letter alone.
For such cases and doubts employee should always keep access to a competent and experienced labor consultant/service lawyer and consult in time along with copies of all relevant documents.
Many of the employer and its HR are clear that since employer disburses Bonus, Gratuity, leave encashment, OT etc @ Basic+DA the notice pay should also be ideally at this rate.......................
