Does Indian Labour Law specify that three month's notice must be given for dismal/termination or three months' full salary must be paid?
In what conditions three month's notice should be given?
Can one month's notice/salary will be sufficient?
From India, Gurgaon
6In what conditions three month's notice should be given?
Can one month's notice/salary will be sufficient?
From India, Gurgaon
Notice period in case of termination of service are governed by Industrial employment Standing orders Act which stipulates one month service on either side. Hence it is sufficient to pay one month notice pay in case of termination of service.
Any private appointment orders issued by a company which stipulates three months notice period do not stand before the court if challenged.
From India, New Delhi
Any private appointment orders issued by a company which stipulates three months notice period do not stand before the court if challenged.
From India, New Delhi
Dear colleague,
The subject of notice period is governed primarily by the appointment letter issued to him and the Industrial Employment Standing Orders Act/Rules if he falls in the category of ' workman' as defined in the Act. This aspect needs to be ascertained.
If the appointment letter stipulates three months' notice period prior to the application of the Standing Orders Act/Rules , in that case the appointment letter will take precedence . And then there is nothing wrong about stipulation of notice period of three months.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
The subject of notice period is governed primarily by the appointment letter issued to him and the Industrial Employment Standing Orders Act/Rules if he falls in the category of ' workman' as defined in the Act. This aspect needs to be ascertained.
If the appointment letter stipulates three months' notice period prior to the application of the Standing Orders Act/Rules , in that case the appointment letter will take precedence . And then there is nothing wrong about stipulation of notice period of three months.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
The notice can be for a workman from 30 days to 90 days as the case may be. The concept of three months ' notice falls under section 25-N, where a strength of not less than 100 on average persons working during the preceding 12 months.
The clause of three months stipulated may be under the contract Acts where employment is less than one hundred other than the workman category. The acts and laws presently at force are not in an order to give a clear direction for all categories of employee and completely discriminatory.
From India, Mumbai
The clause of three months stipulated may be under the contract Acts where employment is less than one hundred other than the workman category. The acts and laws presently at force are not in an order to give a clear direction for all categories of employee and completely discriminatory.
From India, Mumbai
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