Notice period

Hi Gautam there is no law in labour laws regarding the notice period.The notice period is that which is mentioned in service agreement which you have signed whe you joined organization,or it can be mutual agreement.

Example  : A has a notice period of 2 months. Now when he has to leave he has to give a notice 2 months in advance before leaving, normally clauses contain an option where the employee can leave 2 months pay in lieu of notice and leave right away. 

Dear Nitish and Bharat Chugh,

Thanks for your quick reply. Actually i am having a bond with company, and it is going to close in next 2 months, there is nothing mention about notice period in bond. so if i put resign right now and serve for next 3 months,

so that my bond will also get completed.

Do i have to pay bond amount in such scenerio?

Regards,

Gautam

Dear Nitish and Bharat Chugh,

Thanks for your quick reply. Actually i am having a bond with company, and it is going to close in next 2 months, there is nothing mention about notice period in bond. so if i put resign right now and serve for next 3 months,

so that my bond will also get completed.

Do i have to pay bond amount in such scenerio?

Regards,

Gautam

If you leave the company before bond period then you have to pay bond(legally speaking).But you can talk to HR...It is advisable to give your resignation after bond period and then you can negotiate on notice period in lieu to your salary.

Notice period is counted in service period. During the notice period employee shall work as normal employee.

However you may look into the bond signed by you.Have you signed on any clause stating that notice period shall not be counted in bond period? You should strcuture your representation in line with documents signed by you and your rights. A competent and experienced service lawyer should be consulted.

In adittion to ID Act compliances have to ensured under various other acts.The employee as defined in these enactments would be protected.

Notice period is described in Labor Laws e.g.:

--Sec. 13. Termination of employment. of

INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946

The Central government intends to introduce the concept of fixed term employment by amending the rules of the Industrial Employment Standing Orders Act. This amendment will make it mandatory for employers to give notice as per the Industrial Disputes Act 1947 (one month’s salary) in case the services of temporary badli or fixed term employees are to be terminated before the completion of their term. The employer will no longer have the right to terminate the service of a temporary workman without giving notice.

--SE ACt 

e.g. As per  SE Act applicable to Delhi:

Sec.34

Then notice period is mentioned in advertisement for the post, letter of appointment, employment agreement, standing orders/service rules of the company as agreed upon between employer and employee's union.

Thanks All for your kind support

Regards,

Gautam

What if the notice period is three months from both the sides and company gives you three month notice to leave the job and expect you to work (with pay) during your notice period? Can company legally do so? or they have to pay the three months salary after last working date at any cost?

The payment of wages is to be made on fixed/usual day of payment of monthly wages.........

The day for payment of wages is well defined in various enactments e.g. (Name of the state) Shops and Commercial Establishments Act, Payment of Wages Act, Min. Wages Central Rules......etc

The employee can lodge a complaint the moment the payment of wages is delayed even if by a day.....

During notice period also the wages are to be paid on fixed/usual pay day....

If company has issued termination notice then company has not terminated the employment with immediate effect......