Notice period by employer and employee can be diffrent
Rizwan Pathan
(Querist) 20 April 2016
This query is : Resolved
Dear Experts,
The subject needs your valuable advise.
In my organization we are planing to employment condition under which if company wish to remove employee a one month advance notice will given to employee while on other hand if employee wishes to leave organization he should have to give 3 months advance notice.
Now my questions is can we allowed to have this difference terms regarding notice period under Indian contract act, as in all my previous organization and as per current employment practices, the notice period remain the same for both parties.
Your valuable input can help us better to designing employment contract for our people.
Thanks & regards,
Rizwan Pathan
Kumar Doab
(Expert) 20 April 2016
The contract of employment should promote equitable discretion's or it can be easily termed arbitrary.
In your previous organisations your understanding was correct and practice fair.
Notice period is part of service conditions and covered by various enactments too and that shall prevail upon appointment letter.
Kumar Doab
(Expert) 20 April 2016
Engage an able labor Law Consultant to advise the establishment on such matters.
Rajendra K Goyal
(Expert) 21 April 2016
Agree, with the advice of expert Kumar Doab.
P. Venu
(Expert) 21 April 2016
When you are in the know of what is right, why you are posing the query whether the wrong could be lawful?
Rizwan Pathan
(Querist) 22 April 2016
Thanks Doab sir for your valuable inputs
Kumar Doab
(Expert) 22 April 2016
You are welcome.
