Enquiry about notice period
Querist :
Anonymous
(Querist) 14 October 2011
This query is : Resolved
Dear Sir/Madam,
My employers have in my offer letter have written that i need to serve a notice period of 90 days or pay an equivalent amount of salary to be relieved. As i know that no employer has the right to ask employee to serve a notice of more than 30 days. Are they right in doing so and writing that clause in the contract. This is a common norm in the banking Industry.All the private banks write in their letter of offer the same thing. But my query is specific to me only. What can i do if decide to resign and serve a notice of 30 days and i also dont want to pay my organisation anything. Will i be right.
Nadeem Qureshi
(Expert) 14 October 2011
No, you are not right, if in your appointment letter it is mention the before leave the job the requirnement of 90 days notice then it is mendatory requirment, and you should give a notice of 90 days otherwise you are resposible to pay salery of 90 days, if you willing to give 30 days notice and your employer is ready to accept it then take him in written
Sankaranarayanan
(Expert) 14 October 2011
yes if any agreement clause mentioned in your appointment letter then you have to follow it . otherwise you have to be answerable before law
Guest
(Expert) 14 October 2011
If the same condition, as prescribed for the employee, equally applies to the employer when making termination, nothing is wrong in prescribing such a condition. Moreover, 30 days condition is minimum, if not prescribed by the employer himself, BUT NOT the maximum under the law.
Querist :
Anonymous
(Querist) 14 October 2011
But the contract act cleary specifies that any contract which has any clause which is against the laws becomes null nad void and the labour law very cleary specifies that no employer can ask any of his employees to serve a notice period of more than 30 days.Any such offer asking employees to serve a notice of 30 days becomes null and void. I think you people are not lawyers which i was assuming...i had posted this quesry for an expert lawyer.
Guest
(Expert) 14 October 2011
Dear Anonymous,
It would have been better if you would have pointed out the specific section of specific labour law, which states, "no employer can ask any of his employees to serve a notice period of more than 30 days."
Also, if you think the employer's specification of notice period makes the contract null and void under any section of the law, you could well have designed your question with particular refrence to that particular section.
Moreover, your statement that "the contract act cleary specifies that any contract which has any clause which is against the laws becomes null nad void and the labour law very cleary specifies that no employer can ask any of his employees to serve a notice period of more than 30 days" indicates that you are confident and sure about your own conviction.
So, if you know the answer yourself, you should not have felt any necessity to post such a question.
If you are also an advocate, but you want some clarification on your doubt, you should also not have been shy in coming forward with your clear identity and name, instead of asking the question anonymously.
Querist :
Anonymous
(Querist) 14 October 2011
Dear Sir,
I had no intention of offending any one i am sorry if i did.As far as section of any particular act is concerned that only the experts like you will be able to tell me . I am no lawyer sir. But a very senior Judhe in one of the district courts had told me this ....
K.S.Srinivas
(Expert) 15 October 2011
The employee should abide by the terms and conditions of the appointment/offer letter. There is no other go for him.
