Notice period 3 month

Rizwan Pathan (Querist) 27 March 2014 This query is : Resolved
Dear Sirs,

Recently our company has changed its policy and in this policy notice period for employee remain 3 month.I would like to clear that our is a Manufacturing organization.

Now in this context are we violating industrial dispute or model standing order as in both notice period remains 1 month only.

Whether its a legal or illegal,

Please share your views.

Thanks & regards,

Rizwan Pathan

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Devajyoti Barman (Expert) 27 March 2014
The party can contract out of statute. It is not illegal if both employer and employee agree on it.

Kumar Doab (Expert) 27 March 2014
Terms and Conditions inconsistent with standing orders shall not survive.

The standing orders Certified/Model is instrument of law/have statutory force and supersede and overrule any private agreement that employer has signed with employee e.g/ contract of employment.

Employer PERSONALLY shall be held responsible for FAITHFUL observance of standing orders.