Notice period in case of resignation and termination

Refer to Sec:66

It is equal and can't vary,for all employees covered by the Act.

It is as per length of service: either NIl or 14 days or 30 days ................and max.30 days

Leave apart the  Act::::The contract of employment should otherwise also promote equitable discretions or it can easily be termed arbitrary.

There is option of notice pay in lieu of the notice period and it also can't be denied to employees. Hence it is not mandatory to serve the notice period.

Moreover as per Sec;38-B :::::Standing orders shall apply to each establishment covered by the Act if no. of persons employed are 50 or above. Standing Orders are certified on the lines of Model Standing orders. If standing orders are not certified Model Standing Orders shall apply.............and as per sec:13 of  Model Standing Orders: Notice period is NIL during probation period and 30 days after confirmation of service.

Certified Standing Orders/Model Standing Orders being  Instrument of Law/Statue  shall prevail upon any private agreement/contract/Rule/Policy  drafted by employer and signed with employee e.g. appointment letter/contract of employment/HR policy/Service rules and regulations etc.................

Model Standing Orders: Sec13-18..............Employer personally is held responsible for faithful observance of standing orders. However  employer  won't offer his neck and shall push HR personnedl forward.

As a HR person you should recommend ONLY THAT :::::::THAT IS LAWFUL AND NOT ILLEGAL.