Notice for separation

Querist : Anonymous (Querist) 19 October 2011 This query is : Resolved
What is the basic premises that an employer defines a period of notice for separation from the employment?

If the the basic premises is not harmed then how does an employer have the right to file a case against the employee, just by signing the employment contract? This can be very well be used for harassment by the employer and also a source of income?

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Devajyoti Barman (Expert) 19 October 2011
It depends upon the mutual agreement for the parties on breach of which either of the parties may take recourse of law against the offending party.

M.Sheik Mohammed Ali (Expert) 19 October 2011
yes, i do agree expert query reply

Sankaranarayanan (Expert) 19 October 2011
yes i do agree with mr barman 's opinion

Querist : Anonymous (Querist) 19 October 2011
Can anybody elaborate on the replies provided?

What is the basic premises that a notice period forms a part of the employment contract?

What were the cases which came up a clause to include a notice period on the pert of employee?

prabhakar singh (Expert) 19 October 2011
your consent,your signature on the contract
is the basic premise.

Querist : Anonymous (Querist) 20 October 2011
I think I am not understood properly.

Why is that a "notice period for separation", forms a clause in the contract for employment?

There might have been some cases, which has prompted emplyers to include such a clause in the contract for emplyment. Before signing a contract no employee is so resourceful that he will get the same analysed by an experienced lawyer!!

So consent from the employee as a matter of fact becomes binding as the contract is signed when he/she comes to join the employer. Having thorough discussions on the topic before joining has a fair chance that the opportunity is lost?? Especially for a less experienced person!

Querist : Anonymous (Querist) 21 October 2011
Are there any takers for my querry?

" What is the reason that an employer includes a Notice period for separation in the contract for employment?"

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