Notice period
Abhishek Gupta
(Querist) 09 May 2014
This query is : Resolved
Res Experts,
Kindly clear me that any organization (Private concern)deduct 90 day or 180 day notice as a legally or illegally.
against it what can employee do for the same.
Kumar Doab
(Expert) 09 May 2014
Notice period/pay is part of service conditions.
Service conditions are stated in various enactments applicable to the establishment e.g;
Standing order (certified/model), Shops & Commercial Establishments Act.
Standing Orders being instrument of law/statue shall prevail upon, supersede, overrule any private agreement that employer has signed with employee e.g.; appointment letter/contract of employment………………………………..Any service condition inconsistent with standing order, stated in any private agreement that employer has signed with employee e.g.; appointment letter/contract of employment……………………..shall not survive.
The notice period in Model Standing Orders is: NIL during Probation period and max. 1 month after confirmation of service. Standing Orders are certified on the lines and sense of model Standing orders.
There are threads indicating that Inspector/Chief Inspector appointed under Shops & Commercial Establishments Act that notice period/pay sated in the Act shall stand and remain as valid.
The notice period in this enactment is not more than 1 month.
Designation alone does not decide an individual shall be covered as per def. of ‘Workman’ as in ID Act, as ‘Employee’ as in Shops & Commercial Establishments Act or not!
Any service condition that is beneficial to employer but detrimental to the interest of employee inserted in appointment letter drafted by employer can be easily termed ‘Arbitrary’.
Employee can approach lawful authority, court of law, thru his lawyer/law firm, employees unions, trade unions………….
Dr J C Vashista
(Expert) 10 May 2014
I agree and appreciate expert advise of Mr. Kumar Doab.
In private organisation/firm/concern/shop it is 30 days (generally).
Rajendra K Goyal
(Expert) 10 May 2014
Whether you have signed any agreement regarding notice period at the time of appointment or otherwise ?
All your service rules, Law and any agreement signed by you need to be referred before replying.
T. Kalaiselvan, Advocate
(Expert) 10 May 2014
I agree with the views of expert Mr. RK Goyal on the subject issue, query seems to be very vague, no opinion can be formed without knowing full details.
Kumar Doab
(Expert) 11 May 2014
Give a brief from service rules, service conditions, appointment letter and real problem that you face.
Don't go by concocted stories that your HR, legal cell, employer may tell you and give up.
We will support you.
